Ashis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19727 of 2018 Arising Out of PS. Case No.-899 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ashis Kumar, S/o Ajay Mandal @ Ajay Kumar, R/o Mohalla- Company Bag, P.S.- University, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2018 Heard learned Counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 381 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report dated 10.12.2017 submitted by Sanjiv Kumar Jain addressed to the Station House Officer, Jogsar (O.P.) Police Station to the effect that the informant was the godown incharge of the furniture business of the informant. The informant found furniture worth Rupees Two Lac Twenty Five Thousand

Patna High Court Cr.Misc. No.19727 of 2018(2) dt.05-04-2018 2/3 missing from his godown and when he tried to contact the petitioner, the petitioner did not respond.

It is submitted by learned counsel for the petitioner that the petitioner was the employee of the informant and due to nonpayment of the wages, he left working with the informant in February, 2017 and gave a legal notice for payment of wages on 15.10.2017, as contained in Annexure-2. Thereafter, the present case has been lodged on 10.12.2017. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur learned APP for the State that the accusation is specific against the petitioner. Considering the nature of accusation and the legal notice served to the informant at earlier point of time, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, 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 12 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 learned CJM, Bhagalpur, in connection with Kotwali (Jogsar) P.S. Case No.899 of 2017,

Patna High Court Cr.Misc. No.19727 of 2018(2) dt.05-04-2018 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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