Pintu Rai @ Kapildeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69268 of 2019 Arising Out of PS. Case No.-167 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== PINTU RAI @ KAPILDEO RAI Son of Moti Rai Resident of VillageNarsandi, P.S-Shambhuganj, District-Banka. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Sunil Prasad Singh Son of Late Lakshman Singh Resident of Village-Batban Bazar, Argara Road, Fulbariya, P.S-Kashimpur, District-Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Ms.Pravina Kumari For the Opposite Parties :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Complaint Case No. 167 of 2017 (Bhagalpur) instituted for the offence under Section(s) 323,341, 504,506, 406,418 and 420 of the Indian Penal Code.

Referring to the allegations made in the complaint petition, counsel for the petitioner submits that , at best, the petitioner is low paid staff of the Dipro foundation which is said to have indulged in the acts of cheating. Specific allegation is against co-accused, namely, Kumar Prabhakar, who is the Director of the foundation and the petitioner has been

Patna High Court CR. MISC. No.69268 of 2019(2) dt.20-11-2019 2/3 implicated only because he was working as a staff in the said foundation.

Petitioner has no criminal antecedent prior to the instant case but, after his arrest in the instant case, he has falsely been implicated in three more cases, details of which has been mentioned in para 3 of the bail petition, in all the cases petitioner is already on bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Bhagalpur, in connection with Complaint Case No. 167 of 2017 (Bhagalpur), subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.69268 of 2019(2) dt.20-11-2019 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T