Balram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52753 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Balram Kumar Son Of Prakash Sinha R/O-Near Mahavir Arogya Sansthan, Kankarbagh Road, Kumhar Toli, Sampatchak, Lohiya Nagar, Distt.-PATNA, Pin-800020 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr. Akshay Lal Pandit Mr. Shakib Ayaz ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with other accused persons have fraudulently taken money from the informant in the name of investment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is said to be the clerk of the said company in

Patna High Court CR. MISC. No.52753 of 2023(3) dt.12-09-2023 2/2 which the informant and other are alleged to have invested amounts. He further submits that the role of the petitioner being the clerk was limited, he was not having any right to take any decision in regard to inviting investment or return profit. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and there is no specific overt act against the petitioner, let the above named petitioner, 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 Sri Krishnapuri P.S. Case No. 161 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T