Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39708 of 2021 Arising Out of PS. Case No.-228 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== RAJESH KUMAR GUPTA Son of Late Lalan Kumar Gupta Resident of House No. -211, Vishal Ganga Apartment, West boring Canal Road, Patna -1, P.S. - Sri Krishnapuri, District - Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sudha Chandra, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 465 and 120B of the Indian Penal Code.

Money was withdrawn from the bank account of the complainant by producing cheques bearing forged signature of the complainant.

Submission is that petitioner was Manager at that time and no cheque was placed before the Manager for clearance, rather other employees are authorized for that. Moreover, the Branch Manager has been made accused by post and not by name. Since there is no direct material against the petitioner's involvement and petitioner has got no criminal antecedent, let the

Patna High Court CR. MISC. No.39708 of 2021(2) dt.14-12-2021 2/2 petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with G.R. No. 1068 of 2021 arising out of Ara Nawada Police Station Case No. 228 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T