Patna High CourtCR. MISC./39930/2015bail granted

Kamal Kumar Srivastava @ Kamal Kishore Srivastava v. The State Of Bihar

2015-10-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39930 of 2015 Arising Out of PS.Case No. -83 Year- 2013 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================

1. Kamal Kumar Srivastava @ Kamal Kishore Srivastava son of late Chandeshwari Prasad Srivastava resident of Q no. -L/05 Dalmianagar (Dehri )Dist-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The prosecution case is that the petitioner being cashiercum-accountant in Pakhnari Branch of Ramanandi Automobiles Pt. Ltd, Gaya, a dealer of Tata Motors, misappropriated eight lacs fifty five thousand rupees.

It is submitted by the learned counsel for the petitioner that the petitioner left working in the aforesaid agency in January, 2013 when the FIR has been registered on 10.4.2013. There are inconsistencies with regard to the quantum of

Patna High Court Cr.Misc. No.39930 of 2015 (2) dt.05-10-2015 2/2 misappropriated amount and there is nothing on record to suggest the actual entrustment of the amount to the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas at Sasaram in connection with Shiv Sagar P.S. Case No. 83 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T