Kundal Kunal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16081 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== RAJEEV KUMAR CHATURVEDI, Son of Raj Kumar Chaturvedi, Resident of Mohalla - Rashidachak, P.S. - Agamkuah, District - Patna ... ... Petitioner
Versus
1. The State of Bihar
2. Dharmendra Kumar Singh, son of Surendra Singh, resident of village Ajoumpur, P.S. Desri, Dist. Vaishali, temporarily residing at C/o Sharaf Associates at Kanti Shree Sandalpur Road, P.S. Alampur, Dist. Patna ... ... Opposite Parties ====================================================== with CRIMINAL MISCELLANEOUS No. 16594 of 2019 Arising Out of PS. Case No.-716 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== KUNDAL KUNAL, Son of Sri Hridayal Sharma, R/o village- Moriyawan, P.S.- Dhanarua, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 16081 of 2019) For the Petitioner/s :
Mr.Abhijeet Gautam For the Opposite Party/s :
Mr.Anita Kumari Singh (In CRIMINAL MISCELLANEOUS No. 16594 of 2019) For the Petitioner/s :
Mr.Arbind Kumar Singh For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-05-2019 Since both the cases arise out of same P.S.case number, they have been taken up together for disposal. Petitioners in both the cases seek bail in anticipation of their arrest in connection with Alamganj P.S. Case No. 716 of 2018 registered for the offences punishable under Sections 406,
Patna High Court CR. MISC. No.16081 of 2019(4) dt.13-05-2019 2/3 420 and 34 of the Indian Penal Code.
Allegation as per FIR is that petitioners, who are representatives of Sharaf Associates and Company, have not deposited the money which they have received after selling articles.
Submission of learned counsel for the petitioners in both the cases is that as a matter of fact that were demanding incentives and increase of salary and as such they have falsely been implicated in this case and similarly situated co-accused persons have been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 25.3.2019 passed in Cr.Misc.No. 16715 of 2019 and vide order dated 25.3.2019 passed in Cr.Misc.No. 16757 of 2019.
Heard learned APP and perusal of the record it appears that in spite of valid service of notice the opposite party No.2 has not appeared.
In view of above facts and circumstances, let petitioners, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.16081 of 2019(4) dt.13-05-2019 3/3 Additional Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S.Case No. 716 of 2018, corresponding to G.R.No. 6617 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioners shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) spal/- U T