Patna High CourtCR. MISC./6070/2015bail granted

Binay Kumar @ Vinay Kumar v. The State Of Bihar

2015-02-13Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6070 of 2015 Arising Out of PS.Case No. -88 Year- 2014 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Binay Kumar @ Vinay Kumar S/o Jagdish Prasad r/o mohalla - Sohpur, P.S. Aurangabad ( T ), in the District of Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kutumba Police Station Case No. 88 of 2014 registered for the offences punishable under Section 409 of the Indian Penal Code. The accusation against the petitioner is that he did not hand over the charge of his office but in Para-12 of this petition, it has specifically, been pleaded that the petitioner has already given charge of cash book to Sri Puskar Bradwaj on 27.08.2014. Moreover, the learned Session Judge has himself observed in his impugned order that no defalcation of cash was said to be committed by the petitioner.

Considering the aforesaid facts and circumstances as well

Patna High Court Cr.Misc. No.6070 of 2015 (2) dt.13-02-2015 2/2 as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in Kutumba Police Station Case No. 88 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U