Awadhesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44621 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== AWADHESH MAHTO Son of Sri Lal Dhari Mahto Resident of Village - Ward No.09, Bahera Zahid, P.S.- Nanpur, Distt.- Sitamarhi.843333 ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bipin Kumar Saha Son of late Fekan Prasad Saha Resident of Village - Sant Tola, P.s.- Kharagpur, Distt.- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Saurav, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 409 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that he had deposited money in different schemes in Sahara and when the money matured, he went to redeem Rs. 24,95,450, but was not paid the maturity amount.

Learned counsel for the petitioner submits that petitioner has been falsely implicated being a Zonal Manger of Sahara, it is next submitted that police after investigation submitted Final Form No. 219 of 2022 dated 30.04.2022.

Patna High Court CR. MISC. No.44621 of 2022(2) dt.15-12-2022 2/2 Learned counsel thus submits that the charge-sheet has been submitted but the same till date has not been accepted, it is submitted that either the Final Form will be accepted by the learned trial court or the learned trial court will differ with the Final Form and will take cognizance but in both the situation one thing is clear that police after investigation has found the petitioner to be innocent as no material transpired during the course of investigation to connect the petitioner with the offence and as such for the present, petitioner does not have any apprehension of arrest.

Learned counsel for the petitioner very fairly submits at this stage that presently the learned trial court has neither differed with the police report nor has accepted the same, as such for the present there is no apprehension of arrest to the petitioner. In view of the fair submission made by learned counsel for the petitioner, the present anticipatory bail application is permitted to be withdrawn with liberty to the petitioner that in the event, if the learned trial court takes cognizance differing with the police report then petitioner can renew his prayer for anticipatory bail afresh.

Accordingly, the present anticipatory bail application is permitted to be withdrawn.

(Satyavrat Verma, J) Rishabh/- U T