Amit Kumar @ Amit Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36097 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -PIRBAHOR District- PATNA ====================================================== Amit Kumar @ Amit Keshari Son of Late Prem Kumari Keshari Resident of village - C/o Ajay Kumar, Chandpur Bela, Near Jay Mata Di Community Hall, P.S. Jakkanpur, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate.

For the Opposite Party : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The petitioner was appointed by the company to sell the goods in the market. The petitioner sold the goods and collected money from the shopkeepers, but the petitioner stopped selling the products of the company. It is alleged that the petitioner misappropriated Rs. 4,75,000/-.

It is submitted that the petitioner did not commit any criminal breach of trust or cheated anybody. He used to sell the products of the company to different shopkeepers, but he did not collect money nor handed over the same to the company. The

Patna High Court Cr.Misc. No.36097 of 2015 (4) dt.09-11-2015 2/2 company is at liberty to collect money from the shopkeepers. The opposite party no. 2 was also noticed, but he has not stated that how much amount the petitioner collected from the shopkeepers nor he enquired from the shopkeepers about the money given by the shopkeepers.

Considering the facts aforesaid and the fact that the petitioner was only a selling agent, but there is nothing to show that the petitioner collected money from the different shopkeepers and kept the same with him, the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Patna in Pirbahor P.S. Case No. 04 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T