Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38220 of 2020 Arising Out of PS. Case No.-54 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Ashok Kumar Singh S/O Late Kashi Nath Singh R/O Village - Dudahi Tola, P.S. - Maharajganj, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Kant, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner is apprehending his arrest in connection with Mahrajganj P.S. case No.54/2019 registered under Sections 467, 468, 471, 420, 406, 379, 195, 197, 198, 120(B) and 34 of the Indian Penal Code.

Allegation is that the petitioner appointed the complainant/informant as Branch Manager of Life Care Infrastructure Limited on the basis of forgery in the year 2011. The petitioner and co-accused took money from the villagers and did not return.

Patna High Court CR. MISC. No.38220 of 2020(2) dt.02-08-2021 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The present case has been instituted under Section 156(3) of Cr.P.C. It has further been submitted that the petitioner himself was working in Life Care Infrastructure Limited, which was a non-Banking finance company. The depositors had deposited with the Company in question. No deposits were there with the petitioner. When the Directors of the Companies refused to return the money to the investors, the petitioner had made complaint to the SEBI vide Annexure 2 to the present application. The petitioner had made no wrongful gain or wrongful loss to the complainant/informant.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Siwan in connection with Mahrajganj P.S. case No.54/2019, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.38220 of 2020(2) dt.02-08-2021 3/3 the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T