Vijay Prakash Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3991 of 2020 Arising Out of PS. Case No.-150 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Vijay Prakash Thakur Son of Sri Prasad Nath Thakur Resident of Village - Dubha, P.O. - Rajapur, P.S.- Simari, Distt - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr.Kanhaiya Pandey, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard Shri Yogesh Chandra Verma, the learned senior counsel appearing for the petitioner and Shri Shailendra Kumar Singh, learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 150 of 2017 for the offence registered under Sections 406, 420, 120B/34 of the Indian Penal Code.
The allegation is regarding the accused persons having swindled the money of the informant by taking deposit from the informant in the name of D.J.N. Group of Companies, with a promise to pay back heavy returns. The name of the petitioner is stated to have transpired during the course of investigation and he is stated to be the Branch Manager of the
Patna High Court CR. MISC. No.3991 of 2020(7) dt.04-01-2021 2/3 Ara branch of the said Group of Companies.
The learned senior counsel for the petitioner Shri Verma has submitted that the petitioner has got no complicity in the matter and the owners/Directors of the said Group of Companies are the main accused persons who have swindled the money of innocent depositors. It is further submitted that the petitioner is innocent and he has been falsely implicated in the present case.
Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, I find that though the petitioner is the Branch Manager of the Ara Branch of the said Group of Companies but the main accused persons are the Directors/Owners of the said Group of Companies, hence I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail, however, subject to certain conditions.
Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his
Patna High Court CR. MISC. No.3991 of 2020(7) dt.04-01-2021 3/3 arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 150 of 2017 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T