Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56240 of 2017 Arising Out of PS.Case No. -83 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Niraj Kumar, Son of Sri Bhuneshwar Yadav, Resident of Village-Dhanauja, P.S.-Fulparas, District-Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 06-12-2017 Heard learned Senior counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kesaria P.S. Case No.83 of 2014 registered under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code. The accusation is that Sabbir Khan, Amir Khan and Talat Praveen approached the complainant/informant introducing themselves to be the Managing Directors of Prime Future Real Estate India Limited, as approved by the Central Government, and asked the complainant/informant to deposit the money with an assurance that within a short period double amount would be returned to him. Thereafter, branch was opened at Kesariya

Patna High Court Cr.Misc. No.56240 of 2017 (2) dt.06-12-2017 2/3 Deviganj in which the petitioner was deputed as Manager and the complainant/informant and others deposited the money and bonds were also issued in their favour on depositing the money by them but in the month of November, 2013, the branch was closed by the petitioner and all the articles were removed from there. In spite of request made by the complainant/informant and others, the money was not returned to them.

Learned Senior counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner was simply Manager of the Company for sometime and on depositing the money by the complainant/informant and others, bounds were also issued in their favour by the Company. The petitioner being the Manager of the said Company had no role in the decision of the Company and there is no allegation against the petitioner to misappropriate the money, as deposited by the complainant/informant and others.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, in connection with Kesaria

Patna High Court Cr.Misc. No.56240 of 2017 (2) dt.06-12-2017 3/3 P.S. Case No.83 of 2014, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T