Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24194 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- PHULWARIA District- Begusarai ====================================================== Raushan Kumar Son Of Dilip Kumar Singh R/O Village- Harpur Fatikwara, P.S.- Mahnar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siddhartha Prasad For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Phulwaria P.S. Case no. 18 of 2020 instituted for the offence under Sections 406 and 420 of the Indian Penal Code. As per allegation in the FIR, petitioner along with coaccused Kaushlendra Kumar, who are the ex-employees of the L&T Finance Limited, have embezzled an amount of Rs. 363900/- of the said company.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.24194 of 2021(2) dt.17-01-2022 2/2 offence. He has got no criminal antecedent. The FIR has been lodged after a delay of about six months without any plausible reason. There is no documentary evidence in respect of embezzlement of amount. Nothing has been intimated to the petitioner about embezzlement of amount. Petitioner has met with a severe accident on 23.7.2019 and for better treatment he was taken to PARAS HMRI Hospital, Patna. He has been relieved smoothly from the service without any intimation for final settlement.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Phulwaria P.S. Case no. 18 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM1st, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T