Ankush Kumar Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63148 of 2018 Arising Out of PS. Case No.-1524 Year-2017 Thana- COMPLAINT CASE District- Araria ====================================================== Ankush Kumar Verma Son of Anuj Das Resident of Bhatiyahi, P.S. Jogbani, (Bathnaha O.P.), District- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Lalit Lal Das son of late MadNarayan Das Resident of Haripur Ward No. 7, P.S. Forbesganj, District- Araria.

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

For the Petitioner/s :

Mr. Anil Kumar Mukund, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No.1524C of 2017 for the offence registered under Sections 417, 406 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation is based on conjecture that the petitioner being small time employee was responsible for making payment to the complainant for supply of gabions. It is submitted that as per the complaint case, the accused was working as a block Convenor of N.G.O. T.R.Y and was entrusted with a work of protection of plants which had been planted by the side of the road and for which t he accused contacted the complainant and asked him to provide gabions. Though t he complainant had provided the said gabions to the tune of Rs.1,35,000/-, but the accused paid only

Patna High Court Cr.Misc. No.63148 of 2018(2) dt.11-12-2018 2/2 Rs.45,000/- and an amount of Rs.90,000/- remained paid. It is alleged that the petitioner had failed to pay the amount and, therefore, the case has been lodged. Learned counsel for the petitioner submits that he is simply an employee of the N.G.O. and is not responsible for making any payments and, therefore, the act of the complainant in saddling the responsibility of nonpayment on the present petitioner is wholly un-accepted and no case as against him is made out under Sections 417 and 406 of the I.P.C.

Considering the aforesaid facts and circumstances of the case and the nature of allegation made and also because the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. - VI, Araria in connection with Complaint Case No.1524C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Nasimul/- U T