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Patna High CourtCR. MISC./19999/2024allowed

Saurav Kumar v. The State Of Bihar

2024-05-08Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19999 of 2024 Arising Out of PS. Case No.-511 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Saurav Kumar S/o Sanjay Kumar R/o vill- Pokhraira, P.S. - Saraiya, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumar Sri Braj Kishore Prasad Singh Properietor M/S Manokamana Bharat Gas Gramin Vitarak Pokhraira Po Giddha Ps Saraiya Jaitpur Op District Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 504, 506 of the Indian Penal Code.

3. As per the F.I.R., the allegation against the petitioner is that he committed defalcation and misappropriated nearly 35 lacs rupees from informant's Rural Gas Distribution Agency.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.19999 of 2024(3) dt.08-05-2024 2/3 specific rather general and omnibus in nature. He submits that the petitioner was employee of the Gas Agency of the informant as an office staff on the basis of Rs.15,000/- per month. He further submits that the informant has not paid the salary of the petitioner i.e. to the tune of Rs.7,65,000/-. Out of Rs.7,65,000/-, the informant had only paid him Rs.80,000/- and rest Rs.6,85,000/- remains due, for which, the petitioner moved before Learned Labour Court and filed a petition vide P.W. Case No. 02/2023 on 21.01.2023 before the learned Presiding Officer, Labour Court, Muzaffarpur, which is pending before the learned Court (Annexure-P/2 to this application). Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court

Patna High Court CR. MISC. No.19999 of 2024(3) dt.08-05-2024 3/3 in connection with Saraiya P.S. Case No. 511 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T