Girish Chandra Mandal @ Lal Babu Mandal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31178 of 2018 Arising Out of PS.Case No. -516 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. GIRISH CHANDRA MANDAL @ LAL BABU MANDAL, S/o Ram Avtar Mandal, R/o Vill.- Naya Gaon, P.S.- Raiyam, DistrictDarbhanga.

2. Shiv Shankar Mandal S/o Bauku Mandal, R/o Bhairab Batia Dih Tola, P.S.- Sakri, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-05-2018 Heard.

The petitioners seek regular bail in connection with Madhubani Town (Nagar) P.S. Case No. 516 of 2015 for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The case of prosecution is that the informant is an agent of Vishal Group of Companies, Madhubani Branch and he had deposited a huge amount in the said company belonging to poor depositors and subsequently upon maturity, the said amount was not returned by the said company. It is alleged that the petitioners are Manager in the said company, hence they are responsible for making payment of the money to the poor

Patna High Court Cr.Misc. No.31178 of 2018 (2) dt.23-05-2018 2/2 depositor but instead they have misappropriated the said amount. The learned counsel for the petitioners submit that as far as the petitioners are concerned, the petitioner no.1 is an agent of the said company and the informant of the present case and the petitioner no.2 is a Clerk of the said company. Pointing out to paragraph no.9 of the present petition, it is submitted that the petitioners had lodged a case earlier to the present case against the Managing Director and others of the said company whereafter the Managing Director and the person in control of the said company have been arrested, who are behind the bar. It is submitted that the petitioners are having clean antecedents and the petitioners are languishing in jail since 02.04.2018.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town (Nagar) P.S. Case No. 516 of 2015.

(Mohit Kumar Shah, J) BTiwary/-Md Rashid U T