Vijay Patel @ Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16757 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Vijay Patel @ Mantu Kumar, Son of Jawahar Singh, Resident of VillageIbbrahimpur, Sadishopur, Police Station- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

The prosecution case, as per the written report of Dharmendra Kumar Singh being, the Office Manager of Sharaf Associates, dated 07.12.2018, submitted to the Station House Officer, Alamganj Police Station, is to the effect that the petitioner, being the sales representative of the informant's firm collected Rs.2,00,000/- from the retailers and misappropriated the same.

Patna High Court CR. MISC. No.16757 of 2019(2) dt.25-03-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner joined the firm of the informant on 01.08.2017 and he tendered his resignation on 19.03.2018, whereas the present FIR has been lodged on 07.12.2018. The petitioner has also filed Informatory Petition No. 3690 of 2018 on 30.11.2018 to the effect that the present case has been filed against the petitioner as a retaliatory measure since he, being the employee in the informant's firm demanded the increment in his salary. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the accusation is specific against the petitioner.

Considering the nature of accusation and delayed lodging of the case, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Alamganj P.S. Case No. 716 of 2018, subject

Patna High Court CR. MISC. No.16757 of 2019(2) dt.25-03-2019 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T