Kundan Kumar Suman v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33622 of 2017 Arising Out of PS.Case No. -39 Year- 2017 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Kundan Kumar Suman, S/o Ramnath Prasad, R/o Maulbi Ganj, Industrial Area, Bella, P.S.- LNMU, District- Darbhanga, Prop- Suman Industries. .... .... Petitioner
Versus
1. The State of Bihar.
2. The District Manager, SFC, District- Darbhanga. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Mohan Mishra For BSFC : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner.
The petitioner is apprehending his arrest in connection with Lalit Narayan Mithila University P.S.Case No. 39 of 2017 registered for the offences punishable under Section 409 of the Indian Penal Code.
Allegation against the petitioner of defalcation of Rs.1,81,913/- of BSFC.
It has been submitted on behalf of the petitioner that petitioner is ready to deposit the said amount by way of Bank Guarantee in favour of BSFC.
Heard learned APP and learned counsel for the BSFC also.
Having heard both sides and in view of above submission, let the petitioner, named above, surrender in the court below within four weeks from today along with Bank Guarantee
Patna High Court Cr.Misc. No.33622 of 2017 (2) dt.20-07-2017 2/2 of Rs.1,81,913/- in favour of BSFC and on his so surrendering, learned court below will release him on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, in connection with Lalit Narayan Mithila University P.S. Case No. 39 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and petitioner shall cooperate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bond and further petitioner will not induce any witness or tamper with the evidence.
It is made clear that encashment of the Bank Guarantee shall be subject to result of the case. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U