Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12912 of 2019 Arising Out of PS. Case No.-331 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== Gunjan Kumar, Son of Laxman Singh, Resident of Village - Gundi, P.S.- Krishnagarh, Distt.- Bhojpur (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Budha Colony P.S. Case No.331 of 2018 registered for the offence punishable under Sections 418, 420, 406, 379 of the Indian Penal Code.

Prosecution case as per the written report of Krishna Singh submitted to Budha Colony P.S. is to the effect that the informant is centre head of Chankya IAS Academy, a coaching institute, which teaches the aspirants of competitive examination conducted by UPSC. It is alleged that the petitioner was an employee of the said coaching institute for the last four years but the petitioner without informing the head office and in contrary to the terms of the contract executed between the petitioner and the coaching institute, started running his own coaching institute in the name of Gunjan Coaching Classes, and distributed study materials

Patna High Court CR. MISC. No.12912 of 2019(2) dt.05-03-2019 2/2 of the coaching institute of the informant where he used to work, as a result, the loss of Rs.1,08,00,064/- has been caused to the informant by the petitioner.

It is submitted by learned counsel for the petitioner that there is no proof that the study material of the coaching institute of the informant has been distributed for the purpose of teaching the students of the coaching institute of the petitioner. Statement has been made in paragraph no.3 of the bail application that the petitioner is not having criminal antecedent. Learned A.P.P. for the State has vehemently opposed the prayer for bail and submits that he is named in the FIR. Considering the nature of accusation not being supported by any documentary evidence, the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-16th, Patna in connection with Budha Colony P.S. Case No.331 of 2018.

(Dinesh Kumar Singh, J) sanjeev/- U T