Pradeep Kumar Gupta @ Praveen Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72317 of 2018 Arising Out of PS. Case No.-801 Year-2016 Thana- COMPLAINT CASE District- Supaul ====================================================== Pradeep Kumar Gupta @ Praveen Kumar Gupta, S/o Kamal Prasad Sah, Resident of Village- Mohania Chakla, Ward No.12, Via- Chaupara Ramnagar, P.S.- Banbankhi, District- Purnia.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Ramakant Prasad Mandal, S/o Late Jagdish Mandal, Resident of VillagePipara P.S.- Pipara, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioner is apprehending arrest in a complaint case, wherein process has been directed to be issued, after cognizance being taken for the offence punishable under Sections 323,379,406,420,467 and 468 of the Indian Penal Code. The prosecution case as per the complaint petition is that the petitioner persuaded the complainant and others to make investment in Ambition Agro Activation (India) Ltd. Katihar, a non-banking organization, as a result the of which the complainant invested Rs.3,67,000/- at the behest of the petitioner, but the Company closed its business without making

Patna High Court Cr.Misc. No.72317 of 2018(2) dt.20-12-2018 2/2 any payment to the investors.

It is submitted by learned counsel for the petitioner that the petitioner is also an investor in the said company. Moreover, there is no proof with regard to the payment being made to the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the nature of accusation, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, 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 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM-III, Supaul, in connection with Complaint Case No. 801C/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T