Bhartendu Prasad @ Bhartendu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16715 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Bhartendu Prasad @ Bhartendu Kumar, Son of Pradeep Prasad, Resident of Mohalla- South Postal Park, Road No.1, Police Station- Kankarbagh, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Gautam For the Opposite Party/s :

Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2019 Heard learned counsels for the petitioner and the State.

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

The prosecution case, as per the written report of Dharmendra Kumar Singh, being the Office Manager of Sharaf Enterprises, 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. 1,80,000/- from the retailers and misappropriated the same.

It is submitted by learned counsel for the petitioner that the petitioner joined the firm of the informant on 01.08.2017 and he

Patna High Court CR. MISC. No.16715 of 2019(2) dt.25-03-2019 2/2 got terminated from his service on 19.03.2018, whereas the present FIR has been lodged on 07.12.2018. The petitioner has also filed Informatory Petition No. 2529 of 2018 on 23.07.2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that accusation against the petitioner is specific.

Considering the nature of accusation and delayed lodging of the case, coupled with the statement made in paragraph no.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/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 like amount each to the satisfaction of learned ACJM, Patna City in connection with Alamganj P.S. Case No. 716 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T