Manoj Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36497 of 2015 Arising Out of PS.Case No. -190 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Manoj Kumar Das son of Late Jagdish Prasad Das .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

It is alleged that the petitioner took loan of Rs.1,00,000/- from the informant for getting the vehicle repaired on promise to return the same within two months. Subsequently, the petitioner returned Rs.55,000/- but failed to return the entire amount.

It is submitted by learned counsel for the petitioner that there is no proof with regard to the payment. Moreover, even assuming the accusation, no offence under section 420 IPC is made out against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. However, the petitioner is ready to deposit Rs.25,000/-

Patna High Court Cr.Misc. No.36497 of 2015 (2) dt.10-09-2015 2/2 before the learned court below, which will be invested in some fixed deposit scheme, which will be subject to result of the case. On deposit of Rs.25,000/- before the learned court below, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Katihar in connection with Katihar Town P.S. Case No.190 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T