Ajit Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46618 of 2019 Arising Out of PS. Case No.-315 Year-2019 Thana- NAWADA District- Nawada ====================================================== AJIT KUMAR SINHA Son of Ramchandra Prasad Resident of Village - Prasad Bigha, Behind Durga Mandap, P.S.- Nawada, Dist.- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-07-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Naada (Town) P.S.Case No.315 of 2019 , registered for offences punishable under Sections 406/420 of the Indian Penal Code. Allegation against the petitioner is that the petitioner happens to be brother-in-law of one Mohnish Kumar and Mohnish Kumar approached the complainant and his friend for investment of the money and as such taken Rs.1.50 crore were deposited in the account of Mohnish Kumar and the same again has been handed over to the petitioner and it is said that when he demanded money back two cheques were issued by Mohnish Kumar, which were returned Submission of the learned counsel for the petitioner is

Patna High Court CR. MISC. No.46618 of 2019(2) dt.29-07-2019 2/3 that petitioner happens to be brother-in-law of the Mohnish Kumar who is a government servant and the allegation is false and concocted and with respect to same transaction , friend of the complainant has lodged an FIR being Nawada (Town) P.S.Case No.736 of 2018 for investment of Rs.37 lac out of Rs.1.50 crore making allegation against the petitioner also and in that case the petitioner has been granted privilege of anticipatory bail, vide order dated 26.4.2019 passed in Cr. Misc. No.27468 of 2019. It has also been submitted that there is no receipt with respect to the payment of any amount to the petitioner and he has been made accused only because he is brother-in-law of said Mohinsh Kumar.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the2019 like amount each to the satisfaction of the learned CJM, Nawada in connection with Nawada (Town) P.S.case No.315 of 2019, subject to conditions as laid down under

Patna High Court CR. MISC. No.46618 of 2019(2) dt.29-07-2019 3/3 Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T