Akash Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50485 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- SHRIKRISHNAPURI District- Patna ====================================================== AKASH KUNAL Son of Suresh Chandra Chaudhary Resident of Village/Mohalla- Brahman Tola, Purani Bazar, P.S.- Muzaffarpur Sadar, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with S.K.Puri P.S. Case No. 258 of 2018 registered for the offence punishable under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

The case of the informant, Sanjeev Kumar Srivastava, as per the written report is that he was working as General Manager in one company, namely, Grih Aarambh Developers Private Limited since last one year and was also controlling the sales team. It is his further case that the petitioner was one of the Directors of the said company and the petitioner along with other Director, namely, Madhukant Verma used to forge and

Patna High Court CR. MISC. No.50485 of 2019(4) dt.16-11-2019 2/3 fabricate documents and dupe the flat purchasers. Subsequently, the said Directors started intimidating the informant and pressuring him to sign papers given by them, however, the same was resisted by the informant whereupon he was assaulted by the Directors and his salary was also withheld. The learned counsel for the petitioner has submitted that the present case has been lodged in a malafide manner inasmuch as the other Director, namely, Madhukant Verma had lodged a case earlier to the present case against the informant of the present case i.e. Krishnapuri P.S. Case No. 251 of 2018, pertaining to embezzlement of huge sums of money by the informant of the present case, as such, the present case has been filed with vengeance.

It is further submitted that the fact is that the informant of the present case is the main culprit. It is also submitted that though the petitioner is an accused in one other case, which is subsequent to the present case, he has already been granted the facility of availing conditional regular bail, however, on account of the present case, the petitioner has not availed the said facility.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court

Patna High Court CR. MISC. No.50485 of 2019(4) dt.16-11-2019 3/3 below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-cum-Special Judge CBI-I, Patna in connection with S.K. Puri P.S. Case No. 258 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T