Dilip Kumar Diwakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30370 of 2018 Arising Out of PS.Case No. -536 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dilip Kumar Diwakar, S/o Late Anup Lal, R/o Meena Niketan, Vijay Nagar, P.S.- Town, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Manoj Kumar, S/o Ram Chandra Mahto, R/o Mokh Tola, Mokama, P.S.- Mokama, District- Patna.

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

For the Petitioner/s : Mr. Pankaj Kumar Das, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 18-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.536-C of 2015 instituted for the offence under Section(s) 420 Indian Penal Code pending in the Court of the Sub-Divisional Judicial Magistrate, Barh, Patna.

Prayer of the petitioner for grant of anticipatory bail was earlier rejected by this Court by order dated 07.3.2018 passed in Cr. Misc. No.60304 of 2017.

Allegation against the petitioner is that he being Director of the Company assured the investors to double the money in very short period and there is full guarantee to return

Patna High Court Cr.Misc. No.30370 of 2018 (4) dt.18-07-2018 2/3 the amount. The Complainant and others deposited rupees fifty lac for different depositors in the aforesaid company. When the time of repayment came, company did not make payment. The Complainant has stated that he has deposited rupees eighteen lac of sixty six depositors. List of those depositors had been filed with the Counter Affidavit as mentioned in the earlier order. This second anticipatory bail application has been filed on behalf of the petitioner on the ground that when there will be no embargo of SEBI on selling the assets of the Company, the petitioner will make entire payment to debentureholders within a maximum period of one year. This Court finds that these are only vague submissions.

Since prayer of the petitioner for grant of anticipatory bail has already been rejected, this Court does not find any new ground to grant anticipatory bail to the petitioner. Prayer of the petitioner for grant of anticipatory bail is again rejected.

Petitioner is directed to surrender before the Court below and seek regular bail and place all the submissions as made before this Court along with necessary documents at the time of his surrender, which shall be considered and disposed off

Patna High Court Cr.Misc. No.30370 of 2018 (4) dt.18-07-2018 3/3 in accordance with law by the Court below without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T