Vijay Prakash Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53104 of 2021 Arising Out of PS. Case No.-111 Year-2019 Thana- KOILWAR District- Bhojpur ====================================================== VIJAY PRAKASH THAKUR S/o SRI PARASH NATH THAKUR R/o VILLAGE-DUBHA, P.O.-RAJAPUR, P.S.-SIMARI, DISTRICT-BUXAR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks anticipatory bail in connection with Koelwar P.S. Case No.111 of 2019, registered under Sections 406,420,120B/34 of the Indian Penal Code.
Allegedly, the petitioner being the co-villager of the informant, on the assurance of giving 4% interest per month, asked him to deposit money in his DJN Company, where he was working as a field officer. The informant opened account of his wife in the Company and deposited a sum of Rs.1,00,000/-. However, after some time it came into notice of the informant that the petitioner has misappropriated money of 38 persons of his village.
Learned counsel for the petitioner submits that petitioner
Patna High Court CR. MISC. No.53104 of 2021(2) dt.12-05-2022 2/3 is innocent and has been falsely implicated in the present case, the petitioner was the Field Officer of the aforesaid DJN group Company whereas the owners of the company are different. Further, though the petitioner has been made accused in other cases but the same has also been filed by different depositor like present informant. Further, the Proprietor and Managing Director of the company are also accused in the present case. Hence no prejudice would cause to the petitioner, if the petitioner is granted privilege of anticipatory bail. Learned counsel for the petitioner further submits that against the present petitioner, Ara Town P.S. Case No. 149 of 2017 and Ara Town P.S. Case No. 150 of 2017 along with six other cases were also instituted as mentioned in para no.
3 but the petitioner was granted privilege of anticipatory bail by order dated 23.01.2020 in Cr. Misc. No. 86032 of 2019, by order dated 04.01.2021 in Cr. Misc. No. 3991 of 2020 and by order dated 03.11.2021 in Cr. Misc. No.4884 of 2020. Considering the facts and circumstances of the case and that the petitioner is a Field Officer and owners of the company are also accused in the present F.I.R.
Patna High Court CR. MISC. No.53104 of 2021(2) dt.12-05-2022 3/3 petitioner above-named, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Koelwar P.S. Case No.111 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T