Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11858 of 2019 Arising Out of PS. Case No.-328 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Devendra Kumar Son of Raghubansh Prasad Resident of Village- Maulabagh, Near Chakbandi Office, P.S.- Arah Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Govindganj (Areraj) PS case no. 328 of 2018 registered for the offence punishable under Sections 420, 409, 406, 467, 468, 471 of Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having misappropriated a sum of Rs. 9 lacs of a Private Finance Company namely Annpurna Finance Ltd.

The learned counsel for the petitioner submits that the petitioner is ready to deposit 1/3rd of the

Patna High Court CR. MISC. No.11858 of 2019(2) dt.26-02-2019 2/3 misappropriated amount i.e. Rs. 3 lacs, however he may be granted facility to deposit the same by way of instalments. It is further submitted that once the petitioner comes out of the custody, he would be in a position to demonstrate the actual position prevailing in the said Finance Company. Lastly, it is submitted that the petitioner is having a clean antecedent and is languishing in custody since 06.11.2018. Having regard to the facts and circumstances of the case, I direct for release of the petitioner on provisional bail immediately upon depositing a sum of Rs. 1 lac by way of cash security and subject to such other conditions as may be imposed by the learned A.C.J.M. 1st Motihari in connection with Govindganj (Areraj) PS case no. 328 of 2018.

It is further directed that the balance amount of Rs. 2 lacs would be deposited in instalments of Rs. 1 lac each to be paid on 30.04.2019 and 31.05.2019 respectively. It is made clear that default in depositing the aforesaid instalments, would lead to immediate cancellation of the provisional bail to be granted to the petitioner herein, however upon payment of the entire amount of Rs.

Patna High Court CR. MISC. No.11858 of 2019(2) dt.26-02-2019 3/3 shall be made absolute.

With the aforesaid directions, the present bail petition stands disposed of.

(Mohit Kumar Shah, J) rinkee/- U T