Pradeep Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45319 of 2015 Arising Out of PS.Case No. -440 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Pradeep Kumar S/o Sri Gurudeo Mandal, Resident of VillageKarhariya, P.S.- Banka, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Deokant Yadav, S/o Late Mani Yadav, Resident of villageKadrapathar, P.O.- Dhakamore, P.S.- Banka, District- Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-11-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

The prosecution case is that for appointment of Transport Agent of Bihar State Food & Civil Supplies Corporation Limited, the petitioner entered into an agreement with the informant for carrying transportation business jointly and for running the said business the informant gave rupees twenty five lacs in cash to the petitioner on assurance of giving fifty per cent share in the profit but neither the informant was allowed to share the profit nor the cash amount of rupees twenty five lacs were returned.

It is submitted by learned counsel for the petitioner that it appears absolutely unreasonable that rupees

Patna High Court Cr.Misc. No.45319 of 2015 (2) dt.03-11-2015 2/2 twenty five lacs were given in cash on oral agreement and there is no proof with regard to such payment.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 440 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T