Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61853 of 2017 Arising Out of PS.Case No. -432 Year- 2016 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ====================================================== Prashant Kumar S/o Sri Raj Kumar , R/o Mohalla- Kayasth Tola Ward No. 29, P.S. & District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Complaint Case No. 432 of 2016 registered for the offence punishable under Sections 406, 420, 465, 466, 468, 473 and 120B of the Indian Penal Code.

The allegation against the petitioner is that while he was working in G.S. Motors Limited, he and other two co-accused had taken money from the complainant for the purposes of getting the registration and insurance of the vehicle done. However, subsequently the requisite work was not done resulting in loss of Rs. 56,201/- to the complainant.

The learned counsel for the petitioner submits that the petitioner was only an employee of the said company whereas the money was taken from the complainant by the company. It is further submitted that the petitioner has a clean antecedent.

Patna High Court Cr.Misc. No.61853 of 2017 (3) dt.15-01-2018 2/2 However, the learned counsel for the petitioner submits that the petitioner would deposit a sum of Rs. 30,000/- with the Nazarat of the trial court for the purposes of securing anticipatory bail. Having regard to the facts and circumstances of the case, I direct that the petitioner should deposit a sum of Rs. 30,000/- before the Nazarat of the concerned court within a period of six weeks from today and thereafter within the same period he should surrender before the court below and in case he shows the receipt of the deposit of the said amount of Rs. 30,000/-, the concerned court would enlarge the petitioner above named on anticipatory 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 Judicial Magistrate-1st Class at Saharsa in connection with Complaint Case No. 432 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The aforesaid deposit of Rs. 30,000/- would be subject to the final outcome of the complaint case.

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