Manjit Kumar Kamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54875 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Manjit Kumar Kamati S/o Shobhit Kamati , R/o Vill.- Patour P.S.- Patour (O.P.), Ashok Paper Mill ( APM), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashankar Singh For the Opposite Party/s :

Mr.Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patour O.P. (Ashok Paper Mill) P.S. Case No. 37 of 2018 dated 22.04.2018 instituted for the offences under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

The informant has alleged that his co-villager viz. the petitioner introduced him to one Satendra Kumar Singh for the purposes of getting appointment in the Railways. It has further been alleged that on such assurance, he has paid Rs. 6,50,000/- but he has been given a forged appointment letter. Others also are stated to have been cheated by aforesaid Satendra Kumar Singh.

Patna High Court Cr.Misc. No.54875 of 2018(3) dt.21-12-2018 2/3 Learned counsel appearing for the petitioner has submitted that there is no allegation in the FIR or in the investigation papers that any money was paid to the petitioner or through the petitioner to Satendra Kumar Singh. Assuming but not admitting the allegation in the FIR to be true, the only allegation against the petitioner is of having introduced the informant to aforesaid Satendra Kumar Singh. The petitioner is a co-villager of the informant and is also a college going student. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 5th Darbhanga in connection with Patour O.P. (Ashok Paper Mill) P.S. Case No. 37 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. However, it is made clear that the petitioner shall participate in the investigation and shall give full disclosure about everything that is asked from him by the investigating agency.

Patna High Court Cr.Misc. No.54875 of 2018(3) dt.21-12-2018 3/3 number which he shall keep in operative condition all the time. If at any point of time, the investigating agency gets an impression that the petitioner is trying to withhold information from the investigator or is trying to evade participating in the process of investigation, it would be open for the prosecution to proceed for cancellation of his anticipatory bail.

(Ashutosh Kumar, J) krishna/- U T