Bindalal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79285 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== BINDALAL RAI Son of Ram Sewak Rai Resident of Village- Mathiya, Ward No.13, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anand Kishore Mishra Son of Baidyanath Mishra Resident of VillageBatrauliya, P.S.- Chhatauni, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 467, 468, 471, 120-B/34 of the Indian Penal Code.

The prosecution case in short is that the accused persons cheated the depositors by depositing amount in NonBanking company and on maturity refused to pay the same.

Patna High Court CR. MISC. No.79285 of 2019(5) dt.07-09-2020 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was the Assistant Area Manager in Multi Service Ltd. Pvt. Company which was dealing in as a Non-Banking Finance Company. The informant was an agent in the said company. The investors deposited money in the account of the company and suddenly the offices of the company after one point of time was closed by the Directors of the Company. The petitioner being an employee had not caused any wrongful gain or wrongful loss to anyone. The main allegation is against the co-accused Aashish Bhattacharya and others. The matter relates to civil dispute.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with

Patna High Court CR. MISC. No.79285 of 2019(5) dt.07-09-2020 3/3 Chhatauni P.S. Case No. 309/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T