Abhishek Singh @ Dhananjay Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5246 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== ABHISHEK SINGH @ DHANANJAY PANDEY Son of Shailesh Pandey R/o Chderiya, Kohara Bujurg, P.S.- Gagaha, Dist- Gorakhpur, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 420, 406 and 34 of the Indian Penal Code.

As per prosecution case, allegation against the petitioner is that he along with other co-accused persons induced the informant and others to invest in their company namely, Green Earth Bio Technology having branch at Mohammadpur, Begusarai. They promised to give them dividend after giving them dealership by their company and in this way, they collected huge amount and fled away with the collected amount after closing their branch office. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.5246 of 2023(2) dt.02-05-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that whatever amount has been tendered by the informant, the same has been deposited in the bank account of co-accused Sunil Singh and Amit Kumar, not in the petitioner's account. The petitioner never received any cash amount from the informant and the conversation for transaction of money took place between the informant and the accused persons. The petitioner had never contacted the informant in respect of any business of bio-fertilizers nor is the petitioner is associated with the said company Green Earth Biotechnology. He further submitted that there is no documentary/electronic evidence available on record which could show the complicity of the petitioner in the commission of the alleged offence. He is languishing in judicial custody since 28.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.5246 of 2023(2) dt.02-05-2023 3/3 of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Begusarai, Bihar in connection with Begusarai Town P.S. Case No. 55 of 2022. One of the bailors shall be a resident of Bihar.

(Sunil Kumar Panwar, J) arish/- U T