Patna High CourtCR. MISC./32921/2022bail granted

Gautam Kumar v. The State Of Bihar

2022-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32921 of 2022 Arising Out of PS. Case No.-313 Year-2021 Thana- DHURAIYA District- Banka ====================================================== Gautam Kumar Son of Madanlal Yadav Resident of Village - Khawaspur, Police Station- Ekchari, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Dhoraiya P.S. Case no. 313 of 2021 instituted for the offence under Sections 420, 406 of the Indian Penal Code. As per allegation in the FIR, petitioner has joined a financial company as Sangam Manager on 09.12.2021 and left his job on 02.08.2021. During this period it came out in audit that petitioner has misappropriated Rs. 65,838/-. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is no documentary evidence on record to show that the alleged misappropriation done by the petitioner. He has

Patna High Court CR. MISC. No.32921 of 2022(3) dt.30-11-2022 2/2 got no criminal antecedent. It is a case of money dispute. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Dhoraiya P.S. Case no. 313 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) shivani/- U