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Patna High CourtCR. MISC./10860/2021dismissed

Anil Kumar @ Anil Kumar Chaudhary v. The State Of Bihar

2022-02-22Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10860 of 2021 Arising Out of PS. Case No.-558 Year-2019 Thana- SIKARPUR District- West Champaran ====================================================== Anil Kumar @ Anil Kumar Chaudhary, Son of Rambriksh Chaudhary, R/o Village- Kerwa, P.S.- Kurhani (TURKI O.P.), Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basistha Narayan Mishra, Adv.

For the Informant :

Mr. Arbind Kumar Singh, Adv.

For the State :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2022 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Shikarpur P.S. Case No. 558 of 2019, dated 24.12.2019, instituted for the offences under Sections 420, 406 and 409/34 of the Indian Penal Code. He is the Chairman-Cum-Managing Director of the Swarn India Multi State Credit Co-operative Society Ltd.

Patna High Court CR. MISC. No.10860 of 2021(2) dt.22-02-2022 2/3 The accusation against him and the functionaries of the nonbanking institution, referred to above, is that they have accepted money of investors with a promise to return the same with interest, but the banking activities have been wound up and the office bearers of the aforesaid nonbanking company have also absconded. The learned counsel for the petitioner though has submitted that because of his being the Chairman-CumManaging Director of the aforesaid non-banking institution, he has been made accused in several other cases including the present one. So far as the entrustment of money is concerned, it has been argued, it is not on the petitioner in his individual capacity. The petitioner has been made victim of circumstances. The owners of the aforesaid non-banking institution have duped the petitioner who has shown the garden path while he was offered this job.

Be that as it may, considering the fact that many investors have been duped by the aforesaid non-banking company of which the petitioner is the Chairman-CumManaging Director, this Court is not inclined to grant him the

Patna High Court CR. MISC. No.10860 of 2021(2) dt.22-02-2022 3/3 privilege of anticipatory bail.

The prayer for grant of anticipatory bail to the petitioner is, accordingly, rejected.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T