Binay Kumar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39335 of 2017 Arising Out of PS.Case No. -68 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Binay Kumar Lal, son of Bhagwan Lal, resident of K.S.T.P. A.D.D.A. Colony, Plot No. A/26, Asansole, P.S. - Asansole, District- Bardwan (West) (West Bengal).

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devi Das Srivastava, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 08-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Basantpur P.S. Case No.68 of 2015 instituted for the offence under Section(s) 468, 471, 406, 409, 420 Indian Penal Code and Sections 55(A), 465, 206(7) of the Company Act pending in the Court of the Chief Judicial Magistrate, Siwan.

There is allegation that this petitioner and other accused persons started Vaibha Pariwar India Project Ltd. at Siwan and got the money deposited from the informant and other depositors and when the amount became due they closed the office and misappropriated the amount.

It is alleged that the informant deposited the amount of rupees three thousand and when he asked for payment along

Patna High Court Cr.Misc. No.39335 of 2017 (3) dt.08-09-2017 2/2 with other customers the accused persons locked the office and fled away.

Counsel for the petitioner has submitted that he was never posted at Siwan. It is admitted position that the petitioner was Promoter-Director of the aforesaid Company. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T