Anil Kumar Gupta v. The State Of Bihar

Patna High Court Cr.Misc. No.25686 of 2015 (3) dt.22-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25686 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Anil Kumar Gupta. Son of Late Bhagya Narain Sah. resident of villageSahwajpur. P.S. Ahiyapur. District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Vinod Shankar Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420, 467,468, 471 and 120(B) of the Indian Penal Code.

It is alleged by the informant that one Raja opened a shop in the name and style of Mangalam House Hold Complex in the house of Anil Kumar Gupta though Nageshwar Prasad. It is further alleged that in the above shop, utensils, electronic goods, furniture etc. were being sold on 50% discount rate, for which, informant along with other customers got the articles booked and deposited money in advance but on 02.05.2015 without supplying the booked articles proprietor fled away by locking the shop. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.25686 of 2015 (3) dt.22-09-2015 the petitioner has got no criminal antecedent. It has also been submitted that the petitioner has been made accused due to mistake of fact. The matter is of civil nature. The other co-accused has been enlarged on anticipatory by this Court in Cr.Misc.No.24960 of 2015 vide order dated 29.06.2015. The petitioner is himself a victim as he also deposited money in advance in the above company for supply of articles. It has been submitted on behalf of the State that the petitioner is named in the FIR.

Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned CJM, Muzaffarpur in connection with Ahiyapur P.S.Case No.87 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sudhir Singh, J) B.Kr./- U T