Raj Kishore Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72888 of 2022 Arising Out of PS. Case No.-505 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Raj Kishore Pandey Son of Late Damodar Pandey R/v- Kajichak Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

1.The State of Bihar 2.Sanjay Prasad s/o Late Nand Kishore Prasad r/o-Pipal Tal Pakka Kuan Ward No. 20 Barh Bazar PS- Barh, Distt- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and other allied sections of the Indian Penal Code. As per the complaint petition, the complainant invested the money in Sahara India through the petitioner and after maturity payment was made to him, but recently payment of maturity has not been paid to him. When the complainant made request to the petitioner he abused and insulted him. It is submitted that petitioner is Agent in Sahara India and after having full knowledge the complainant invested money in the said company. The case of the complainant is that

Patna High Court CR. MISC. No.72888 of 2022(2) dt.23-03-2023 2/2 petitioner cheated and misappropriated the amount. The account of the Sahara India has been presently freeze by the SEBI and the matter is sub judice before the Hon'ble Apex Court as well as High Court, at present, payment of maturity amount could not be paid to the investors by the Sahara India company and for this petitioner could not be held responsible. Petitioner claims clean antecedent.

Counsel for opposite party vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Barh, Patna in connection with Complaint Case No. 505(C) of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T