Birendra Kumar Singh v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.50863 of 2015 (3) dt.10-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50863 of 2015 Arising Out of PS.Case No. -364 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Birendra Kumar Singh son of Madhusudan Singh, Resident of villageGhataro, P.S.- Kartahan, District- Vaishali. At present Area Sale Manager M/s Rutilant Marcom Pvt. Ltd., B.T. Road Calcutta- 800108, West Bengal .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manish Kumar Chaudhary son of Rameshwar Chaudhary, Resident of village- Gauspur Ezra, P.S.- Hajipur Sadar, District- Vaishali .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 364 of 2014 registered under Sections 406 and 420 of the Indian Penal Code.
The allegation of complainant/opposite party no.2 is that he is the proprietor of Sambhai Enterprises engaged in supply of the Edible Oil. The petitioner/accused no.3 and accused no.5, Subodh Kumar Verma, being the Area Manager and Regional Sales Manager respectively of Rutilent Marcom Private Limited approached the complainant and assured to supply edible oil of Rs. 5 Lacs by the Company on deposit of Rs. 2 lacs. Accordingly, the complainant deposited Rs. 2 lacs and entered into
Patna High Court Cr.Misc. No.50863 of 2015 (3) dt.10-12-2015 an agreement, which was signed by the Managing Director/ Accused no.2 of M/s Rutilent Marcom Private Limited but according to assurance edible oil could not be supplied. Learned counsel appearing on behalf of the petitioner submits that petitioner, being the employee of Area Sales Manager, only convinced the petitioner and Rs. 2 lacs has already been deposited in the Company. Moreover, the agreement has been signed by the other co-accused Ajay Kumar Pandey not by this petitioner.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 the C.J.M., Vaishali at Hajipur in connection with Complaint Case No. 364 of 2014, subject to the condition as laid down under Section 438(2) of the Cr. P.C. Out of two sureties, one surety must be close relative/parent of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J.) Shail/- U T