Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60908 of 2024 Arising Out of PS. Case No.-153 Year-2009 Thana- PUPRI District- Sitamarhi ====================================================== Sanjay Mahto S/O Kailu Mahto @ Kalu Mahto R/O Village - Damodarpatti Simri, P. O.- Yadupatti Bazar, P. S.- Pupri, Dist.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-09-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pupri P.S. Case No. 153 of 2009 for the offence registered under sections 406, 467, 468, 471 and 34 lodged on 18.08.2009 by the informant Pankaj Lal Das.

3. As per the prosecution story, the informant alleged that he was empowered to deal with the business in the company and one Sanjay Mahto was nominated as successor of late Shobha Devi. However, he collected the amount but did not sent it to the company and accordingly, on 09.08.2009, the Managing Director himself visited the village, inquired into the matter and then found the forged receipt of collected huge amount and in that way, case against misappropriation was

Patna High Court CR. MISC. No.60908 of 2024(2) dt.11-09-2024 2/2 lodged against the petitioner alleging that it has quashed the company millions as also the reputation.

4. Though learned Counsel for the petitioner tried to impress upon this Court that earlier he was granted protection of Section 41 of the Cr.P.C., learned APP pointed out that the charge-sheet was submitted in the year 2013 and after 11 years, this anticipatory bail application.

5. Taking into account the fact that the FIR is of the year 2009 and charge-sheet was submitted in the year 2013, it is expected that the petitioner surrenders immediately and seek bail. The anticipatory bail application stands rejected.

6. If the petitioner fails to surrender within four weeks from today, the Superintendent of Police, Sitamarhi shall personally look into the matter and do the needful so that the petitioner faces trial.

7. Let a copy of the order be sent to the office of Superintendent of Police, Sitamarhi for his perusal and necessary action.

(Rajiv Roy, J) Vijay Singh/- U