Niraj Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22384 of 2022 Arising Out of PS. Case No.-490 Year-2021 Thana- BYPASS District- Patna ====================================================== NIRAJ KUMAR @ SURAJ KUMAR S/o Sri Raju Mehta Resident of Makhdumpur Gate No.88, Police Station- Digha, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, A.P.P.

Mr. Brij Bihari Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 406, 467, 468 and 120(b) of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

Allegation against the petitioner is that he misappropriated an amount of Rs.35,10,423/- by not depositing the money in the account of the company on the basis of bill issued to the shop-keepers.

Patna High Court CR. MISC. No.22384 of 2022(2) dt.09-11-2022 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner has already deposited all the money in the account of the company through NEFT and bank cheques.

Learned counsel appearing for the informant rebuts the submission of the learned counsel for the petitioner and submits that a false submission has been made on behalf of the petitioner that the money has been deposited. Learned counsel for the petitioner at this stage submits that ultimately the allegation is in the realm of an allegation. It is further submitted that the allegation of the informant that money has not been deposited, the defence of the petitioner is of depositing the money in the account. It is next submitted that in the event, if the petitioner is acquitted after trial then how his period of incarceration would be compensated and in the event if petitioner is indicted in the trial then he will serve the sentence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.22384 of 2022(2) dt.09-11-2022 3/3 event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with By-Pass P.S. Case No. 490 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T