Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28763 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== DILIP KUMAR S/o Ram Bharos Mahto Resident of Village-Koirgawa, P.S.- Rajepur, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2021 Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Govindganj (Areraj) P.S. Case No. 292 of 2019 for the offence registered under Sections 406/420 of the Indian Penal Code.

The petitioner is stated to be working as a Business Relationship Officer in the branch of Sonata Finance Private Limited at Areraj and it is alleged that during the course of discharge of his duties, he had collected a sum of Rs. 4.60 lakhs approximately, however, he failed to deposit the same with the branch and is stated to have embezzled it.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned

Patna High Court CR. MISC. No.28763 of 2020(3) dt.15-01-2021 2/3 counsel for the petitioner has fairly submitted that the petitioner is ready to deposit the aforesaid sum of Rs. 4.60 lakhs with the Nazarat of the Civil Court in order to secure the privilege of anticipatory bail, however, he submits that the said deposit be made subject to the final outcome of the case. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner and taking into account the fact that the petitioner is ready and willing to deposit a sum of Rs. 4.60 lakhs, I deem it fit and proper to direct for release of the petitioner on anticipatory bail in the event of his arrest/surrender before the learned court below within a period of four week from today in connection with Govindganj (Areraj) P.S. Case No. 292 of 2019 subject to the petitioner depositing a sum of Rs. 4.60 lakhs with the Nazarat of the learned Civil Court at East Champaran at Motihari and producing the receipt thereof before the learned court below as also subject to such conditions as may be deemed fit and proper to be imposed by the learned court of C.J.M., Motihari, District-East Champaran.

It is needless to state that the aforesaid deposit of Rs.

Patna High Court CR. MISC. No.28763 of 2020(3) dt.15-01-2021 3/3 4.60 lakhs shall be subject to the final outcome of the present case.

The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U T