Rupesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.54408 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54408 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -GANDHIMAIDAN District- PATNA ====================================================== Rupesh Kumar son of Shiv Kumar Singh resident of village Baudha Chak, P.S. Parsa Bazar, District Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record.

Allegedly, the petitioner misappropriated the amount of Rs. 14,28,687/- after collecting from the shopkeeper and by not depositing in the company where the petitioner was working in Ranisati Teletek Pvt. Ltd., Jamal Road, Patna. Submission is of false implication and that the petitioner has got no criminal antecedent, due to business rivalry the petitioner has been implicated in this case, as a matter of fact, salary of three months have become dues and when the petitioner demanded his salary, he has been implicated falsely in this case. From the ledger account it will reveal that no amount was misappropriated and everything has been deposited in the

Patna High Court Cr.Misc. No.54408 of 2016 (2) dt.20-12-2016 company, the petitioner without any fault is suffering in custody since 16.08.2016 and as such now the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering the period of detention and further that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Supriya Goswami, J. M. Ist Class, Patna in connection with Gandhi Maidan P.S. Case No.

517 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.