Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15997 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== CHANDAN KUMAR S/O Amirchand Prasad @ Amirchand Paswan R/O Village- Majhupur, P.O- Parasiya, P.S- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 406 of the Indian Penal Code.

As per allegation in the FIR, the petitioner, being a Field Officer of L & T Financial Service, has misappropriated a sum of Rs. 1,68,726/- which has been collected by the customers and did not deposit the same amount in the said company.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide

Patna High Court CR. MISC. No.15997 of 2023(2) dt.10-05-2023 2/3 para 10 & 11 of the petition that the petitioner has resigned from the said company on 7th June 2021 and the instance case has been lodged on 10.2.2022 after delay of eight months of his resignation. The said company issued a certificate in favour of the petitioner and during his tenure, his work was found to be satisfactory. Further, the said company made full & final settlement status of the petitioner having P.S. No. 50015453 and made communication through Gmail to him stating therein that due to some banking issue and three consecutive holidays till Monday, his F & F amount will be credited by Tuesday which clearly shoes that the petitioner has no misappropriated any money of the company. The petitioner has got no criminal antecedent and is languishing in judicial custody since 11.1.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohania P.S. Case No. 56 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with

Patna High Court CR. MISC. No.15997 of 2023(2) dt.10-05-2023 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua. (Sunil Kumar Panwar, J) Amandeep/- U T