Rajesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17382 of 2023 Arising Out of PS. Case No.-184 Year-2020 Thana- PURAINI District- Madhepura ====================================================== RAJESH KUMAR SINHA SON OF BHUBNESHWAR PRASAD SINHA RESINDENT OF VILLAGE- DHANESHWARI, WARD NO. 10, PS AND DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary For the Informant Mr. N.K. Agrawal, Sr. Adv. Mr. Kumar Praveen ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 406, 420, 379, 120B/34 of the Indian Penal Code .

As per allegation in the FIR, informant is proprietor of Ganesh prabha Fuel Center and petitioner was working there in the capacity of manager on salary of Rs. 10,000/-. On 27.10.2020, informant found an amount of Rs. 1,58,900/- was missing from the chest of the petrol pump.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case.

Patna High Court CR. MISC. No.17382 of 2023(3) dt.17-07-2023 2/2 Petitioner's salary was not properly paid to him only he was getting part payment in Covid-19 lock down period. Several requests were made by him to the informant, to clear his dues but due to non-clearance of his balance dues, he left his job. Moreover, in lock-down there was no free movement of public or transport, so there is no any question to keep Rs. 1,58,900/- is chest of the petrol pump. Petitioner is languishing in judicial custody since 8.11.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Udakisunganj, Madhepura in connection with Puraini P.S. Case No. 184 of 2020.

(Sunil Kumar Panwar, J) sushma/- U