Bimal Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23524 of 2017 Arising Out of PS.Case No. -204 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Bimal Kumar Jha, son of Late Dhirendra Jha aged about 43 years, Resident of Village Yamsam, P.S. Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umesh Thakur, S/o Late Shivnarayan Thakur, Resident of Raghurampur, P.O.- Chandmari, P.S.- Shahpur, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case N0. 204-C of 2015, disclosing offences under Sections 420 and 120B of the Indian Penal Code and Section 138 o the Negotiable Instruments Act.

The allegation against the accused persons is of inducing several persons to deposit amount in the Weird Industries Limited on the assurance that they would good returns. It is submitted on behalf of the petitioner that though there is specific allegation against others, so far this petitioner is concerned, there is no allegation against him of inducing any person for delivering any property or amount and misappropriating the said amount for personal gain. She

has also submitted that there is no allegation of issuance of cheque, against this petitioner stood dishonoured. Considering the background of case , nature of accusation and the genesis of the occurrence and the submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released 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, Danapur in Complaint Case No. 204-C of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U