Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28722 of 2022 Arising Out of PS. Case No.-478 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== GULSHAN KUMAR SON OF VINOD KUMAR DAS RESIDENT OF VILLAGE- VISHUNPUR MANGAL, P.O.- RAJLA, P.S.- KUDHANI, DISTRICT- MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Earlier notice was issued to O.P. No.2 which was validly served upon but despite valid service of notice, nobody appears on his behalf.

Petitioner apprehends his arrest in connection with a case registered u/s 420, 406 and 379 of the IPC.

Allegation against the petitioner is that he committed irregularity in his office. It is alleged that after his joining a lot of articles worth Rs.2,81,223/- went missing from the office. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.28722 of 2022(4) dt.21-11-2022 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that petitioner is ready to return Rs.2,81,223/- to informant's Company Insta Cart Services Private Limited in installment within nine months.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of nine months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned court below where the case is pending/Successor Court in connection with Sadar P.S. Case No.478/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Learned court below is directed to confirm the provisional bail of the petitioner after showing the receipt of deposit of the entire amount to the aforesaid Company within a period of nine months.

(Anjani Kumar Sharan, J) pallavi/- U T