Amit Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6937 of 2024 Arising Out of PS. Case No.-28 Year-2020 Thana- AMARPUR District- Banka ====================================================== Amit Anand, son of Dilip Kumar Singh, Village- Newalal Chwk Basant Bihar Po- Lalganj Ps- maranga K. Hat Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 28 of 2020, registered for the offences under Sections 409 and 420 of the Indian Penal Code.

3. As per prosecution case, petitioner while working as Branch Manager of a private finance company misappropriated Rs, 1,84,583/- from his branch.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The prosecution story is not believable. The FIR has been lodged without any official inquiry or without any show cause

Patna High Court CR. MISC. No.6937 of 2024(2) dt.20-02-2024 2/3 to the petitioner. No supporting document was brought on record. In a non-financial company, records are audited from time to time and no such audit report has been filed along with written report of the informant. Learned counsel further submits that the petitioner is a poor person who has been working on a meager salary along with other persons in the said branch but all liability has been fastened upon him. Petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner and also considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/court concerned in connection with Amarpur P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and

Patna High Court CR. MISC. No.6937 of 2024(2) dt.20-02-2024 3/3 other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T