Saryug Prasad Singh @ Sarju Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27166 of 2018 Arising Out of Complaint Case No.-1195 Year-2005 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Saryug Prasad Singh @ Sarju Prasad Singh, Son of Late Bharat Singh, Resident of Village-Dewrhi, P.S.-Taraiya, District-Saran at Chapra. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar, Son of Late Bharat Singh, Resident of Village-Rapaich, P.S. Mehandia, District-Arwal, Presently Resident of Mohalla-Postal Park, Ram Bilash Chouk, Indira Nagar, Road No. 4, P.S.-Jakkanpur, Town & DistrictPatna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2018 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 420 of the Indian Penal Code.

The prosecution case as per the complainant Sanjay Kumar is that the accused persons assured the complainant of providing employment in Triangular Ship Management Limited for which the complainant paid Rupees One Lakh Seventy Five Thousand on different dates in different installments to co-accused Niranjan Kumar Singh and Raj Kishore Singh. At the time of

Patna High Court Cr.Misc. No.27166 of 2018(2) dt.04-05-2018 2/3 payment, presence of the petitioner has also been claimed by the complainant.

It is submitted by learned counsel for the petitioner that admittedly the payment was not made to the petitioner, but the petitioner has been ropped in, in the present case simply because he happens to be father of co-accused, Niranjan Kumar Singh. Co-accused, Raj Kishore Singh, who was being paid the alleged amount, has been granted anticipatory bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 18641 of 2013. Though, a statement has been made in paragraph no.3 of the petition that the petitioner is accused in one other case, apart from the present case, wherein he is on bail. It is submitted by Mr. J. N. Thakur learned APP for the State that finding the prima facie case cognizance has been taken and process has been directed to be issued.

Patna High Court Cr.Misc. No.27166 of 2018(2) dt.04-05-2018 3/3 bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-cumC.B.I.-II, Patna, in connection with Complaint Case No. 1195 C of 2005, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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