Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10417 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Santosh Kumar S/O Jagdish Singh R/v- Chakshekhu, P.S.- Dalsing Sarai, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satish Kumar S/O Late Chandradeep Mahto R/v- Pirai, P.S.- Garaul, District- Vaishal Present Address- Branch Manager, Majorgang Branch, Bharat Financial Inclusion Limited, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 409, 420(B)/34 of the Indian Penal Code.

As per the prosecution case, it is alleged that petitioner along with Santosh Kumar being employees of Bharat Financial Inclusion Ltd. embezzled Rs. 6,49,451/- which was collected from the customers.

It is submitted that petitioner is collecting agent and he has been falsely implicated in this case. In fact, on 07.12.2021 while the petitioner was going to Majorganj Branch, on the way, three miscreants riding on motorcycle surrounded

Patna High Court CR. MISC. No.10417 of 2023(3) dt.23-06-2023 2/2 him and snatched the bag containing collection money of Rs. 18,825/- and tab, for which he lodged a case bearing Sahiyara PS Case No. 165 of 2021 (Annexure-2). It is next submitted that petitioner was transferred from Majorganj Branch to Sonbarsa on 13.12.2021 and worked there till 31.12.2021 and prior to his transfer, auditor audited the account and found everything in order, fine and fair. Thereafter, petitioner resigned from his service on 28.01.2022 and only with a view to harass the petitioner this false and concocted case has been lodged. Petitioner claims clean antecedents.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six 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 Additional Chief Judicial Magistrate, Sadar, Sitamarhi in connection with Majorganj P.S. Case No. 42 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T