Kamlesh Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16452 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Kamlesh Kumar Pandey Son of Baikunth Nath Pandey Resident of Village - Chamanpur, P.S. - Sheohar, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Anzarul Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sheohar P.S. Case No. 175/2014 for the offences punishable under sections 420, 468 and 34 of the Indian Penal Code.

The prosecution case, in brief, as narrated by the informant is that petitioner Kamlesh Kumar Pandey runs a medical shop near to his ready made shop. Petitioner and his father posing themselves as L.I.C. agent induced him to deposit money. Informant started depositing Rs.200/- per day for which the

Patna High Court Cr.Misc. No.16452 of 2015 (2) dt.10-06-2015 2 / 3 accused assured insurance of rupees five lakhs and when informant said that he has got no identity proof, accused asked him to open the account in his mother's name. Accused was receiving money per day and when the informant asked the document, accused said that he should trust upon him and also that there is no insurance of his mother and he works for Ramel Industries and gave a pass book of deposit of Rs.27000/- and for rest assured to deposit. When informant asked for his money accused persons threatened him and assaulted him. Informant came to know that the petitioner has taken money from large number of persons by cheating them.

It has been submitted on behalf of the petitioner that the petitioner was simply an Agent of the Financial Institution for whom he was working. It is further submitted that there is no wrongful gain made by the petitioner, and if there is any wrongful gain made, i.e. by Financial Institution on whose behalf he was working as Agent.

It is further submitted that the petitioner has got no criminal antecedent, and the petitioner is in jail since 7-2-2015. It has been further submitted that the petitioner is ready to deposit an amount of Rs.10,000/- (ten thousand) in the court below, which will be subject to the final disposal of the case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case, let the petitioner Kamlesh Kumar Pandey be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case

Patna High Court Cr.Misc. No.16452 of 2015 (2) dt.10-06-2015 3 / 3 No. 175/2014, subject to petitioner depositing Rs.10,000/-(ten thousand) in the court below, which shall abide by the final disposal of the case.

(Sudhir Singh, J) B.Roy/- U T