Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14926 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== Nikhil Kumar Son of Manoj Kumar Gupta, Resident of DVC Chowk, P.O.- GPO, P.S.- Jakkanpur, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Rajeev Nagar P.S. Case No. 231 of 2018 registered for the offences under Sections 420, 409 and 34 of the Indian Penal Code.

The informant's company is engaged in providing GPS services to the government offices in which co-accused Sanjeev Kumar Tiwary was the project in-charge and used to collect the amounts but he has allegedly not deposited the collected amounts in the informant's company. The petitioner was also working in the said company and he is alleged to have resigned the informant's company without giving accounts to the tune of Rs. 20 Lacs and also alleged to have embezzled the

Patna High Court CR. MISC. No.14926 of 2019(2) dt.12-03-2019 2/3 amounts collected for the many GPS devices in the name of informant's company with his associates.

Learned counsel for the petitioner submits the petitioner was appointed in the informant's company to merely provide technical solution to the customers on the post of Executive Tech. Support and had nothing to do with the transition of cash of the company. The petitioner has been implicated in this case only on the basis of suspicion and nothing concrete has been brought by the informant to show that he has been engaged by the company for doing transaction of the money for the company.

Learned APP opposes the prayer of anticipatory bail of the petitioner.

Considering the facts and circumstances of the case and the nature of allegations in which it is the submission of the petitioner that this petitioner was working under one Sanjeev Kumar Tiwary against whom there are specific allegations, the petitioner being an employee to provide technical solution to the customers, let the petitioner above named, in case of his arrest or surrender within a period of four weeks from today in connection with Rajeev Nagar P.S. Case No. 231 of 2018, be enlarged on bail on furnishing of bail bond of Rs. 15,000/-

Patna High Court CR. MISC. No.14926 of 2019(2) dt.12-03-2019 3/3 (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Patna, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) avin/-ved U T