Ranjay Kumar @ Ranjay Yadav @ Ranjay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49743 of 2024 Arising Out of PS. Case No.-183 Year-2021 Thana- CHAKIA District- East Champaran ====================================================== Ranjay Kumar @ Ranjay Yadav @ Ranjay Kumar Yadav Son of Kapildeo Roy R/O Vill.- Sitalpur, Bradih, P.s.- Chakia, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prateek Tandon, Advocate For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
In the present case, the petitioner is apprehending his arrest in connection with his arrest in connection with Chakia P.S. Case No. 183 of 2021, registered for the alleged offence under Sections 420 & 406 of the Indian Penal Code.
3.
As per the prosecution case, the informant and others ladies numbering twenty deposited Rs. 22,500/- each in one Mother Teressa Future Foundation Trust on assurance of getting Rs. 2,500/- per month from the co-accused Convener of the trust, Nirbhay Kumar Yadav. However, the co-accused cheated the depositors of Rs. 4,50,000/- and embezzled the same. The name of the petitioner transpired during investigation for his involvement in the case along with other accused persons.
Patna High Court CR. MISC. No.49743 of 2024(4) dt.13-09-2024 2/3 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submitted that he has nothing to do with the misappropriation of the fund deposited by the informant and others and there is no allegation against him, allegation is against co-accused Nirbhay Kumar Yadav. The petitioner has no concern with the Mother Teressa Future Foundation Trust and from the F.I.R., it is clear that the said trust is being run by the co-accused Nirbhay Kumar Yadav. The petitioner is neither partner nor agent nor employee or associate of the co-accused. His name has come during investigation of confession of coaccused Nirbhay Kumar Yadav but the said statement is without legal sanctity. It was further submitted that there is no material to show the involvement of the petitioner in the whole occurrence and the petitioner has been made accused in three cases of similar manner in which in one case he is on bail. 5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6.
Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of accusation and further possibility of false accusation, let the petitioner above named, in the event of his
Patna High Court CR. MISC. No.49743 of 2024(4) dt.13-09-2024 3/3 arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakia P.S. Case No. 183 of 2021, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) Ranjeet/- U T