Rajendra Kumar Pandit v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.5200 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5200 of 2018 Arising Out of PS.Case No. -1081 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Rajendra Kumar Pandit, son of Tulsi Pandit @ Ramashankar Pandit, resident of Village- Pachrukhiya, P.S.- Barauli, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Santosh Sah, son of Late Jhulan Sah, resident of Village- Shair, P.S.- Sidhawaliya, District- Gopalganj.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No.1081 of 2016, trial no.2155 of 2016 registered under Sections 406, 420, 120B of the Indian Penal Code.

The complainant alleged that the petitioner and Dhirendra Tiwari disclosed that they are agents of Vishal Agro Bio-Industries Limited, a non Banking company and persuaded him to deposit money. The complainant deposited money through the petitioner and Dhirendra Tiwari but the money was not returned to the complainant.

The learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.5200 of 2018 (2) dt.02-02-2018 petitioner was assisting Dhirendra Tiwari and he did not collect any money from the complainant. The complainant entered into an agreement with Dhirendra Tiwari. The compromise agreement is Annexure 4. The agreement shows that the complainant admitted that Dhirendra Tiwari took Rs.1,54,000/- from complainant, Santosh Sah and he agreed to return the money. Considering the facts aforesaid that according to the agreement, it appears that Dhirendra Tiwari took money from the complainant and not the petitioner, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged 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 Additional Sessions Judge-I, Gopalganj in connection with Complaint Case No.1081 of 2016 in trial no.2155 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T