Amit Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31721 of 2017 Arising Out of PS.Case No. -134 Year- 2013 Thana -PARBATTA District- BHAGALPUR ====================================================== Amit Kumar Pandit, son of Satyanarayan Pandit, Resident of Village+PostGuru Bazar, P.S.- Barari, Distt- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Bindhyachal Rai, Mr. Chandan Kumar and Mr. Vikash Kumar, Advocates.

For the Opposite Party/s : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parbatta P.S. Case No. 134/2013 registered under Sections 120(B), 406, 467, 468, 471, 472, 420 read with Section 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegations as contained in the First Information Report being Parbatta P.S. Case No. 134/2013 is just diverse to what is appearing from Annexure-2, which is an Agreement executed between the informant as first party and Pramod Pandit, one of the accused, as second party. He would further submit that it is in fact the informant who had taken money from the accused Pramod

Patna High Court Cr.Misc. No.31721 of 2017 (2) dt.13-07-2017 2/2 Pandit and certain terms and conditions were also agreed upon; however, the informant having failed to pay back the money, the present F.I.R. was lodged. Learned counsel further points out that accused no. 1 and 2, namely, Rajendra Pandit and Pramod Pandit, against whom there are allegations, have been granted anticipatory bail by co-ordinate benches of this Court in Cr. Misc. nos. 19356/2015 and 30120/2015, thus the petitioner also deserves the privilege of anticipatory bail.

Learned A.P.P. opposed the prayer for anticipatory bail.

In the facts and circumstances stated here-in-above, let the petitioner, named above, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Naugachiya, Bhagalpur in connection with Parbatta P.S. Case No. 134/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Dilip, AR U T