Krishna Kant Mandal @ Pappu Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58392 of 2019 Arising Out of PS. Case No.-516 Year-2015 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== KRISHNA KANT MANDAL @ PAPPU MANDAL Son of Ram Avtar Mandal Resident of Village-Naya Gaon Via Keoti Runway, P.S-Raiyam, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Babita Kumari, Advocate Mr.Nilesh Kumar, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Madhubani Town P. S. Case No. 516 of 2015 dated 10.12.2015 instituted for the offences under Sections 406 and 420 of the Indian Penal Code.

The petitioner is alleged to be the owner of a non-banking company in which the informant has claimed to have deposited Rs. 10,00,000/- in different funds. On maturity of the aforesaid amount, the office of

Patna High Court CR. MISC. No.58392 of 2019(3) dt.27-11-2019 2/3 the company was closed and money was not paid. Learned counsel for the petitioner has submitted that from the F.I.R. itself, it would appear that the informant also acted as an agent of the aforesaid company. It has further been submitted that the petitioner is not the founder or the owner of the aforesaid company; rather he too is an agent like the informant.

In fact, for the act of the company in not investing the amount so deposited by the investors in a correct way, the petitioner also has filed a case against the owner / Managing Director of the company. It therefore appears that the present case has been lodged by the informant only as a shield against himself. Considering the aforesaid facts, a Bench of this Court had earlier granted bail to two of the accused persons vide order dated 23.05.2018 passed in Cr. Misc. No. 31178 of 2018.

Regard being had to the above-stated facts and

Patna High Court CR. MISC. No.58392 of 2019(3) dt.27-11-2019 3/3 the period of custody of the petitioner which is from 22.07.2019, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P. S. Case No. 516 of 2015.

(Ashutosh Kumar, J) skm/- U