Akhilesh Kumar Akela v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31813 of 2022 Arising Out of Case No.-438 Year-2020 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa ====================================================== AKHILESH KUMAR AKELA S/o Maheshwari Prasad Yadav Resident of Village- Madanpur, P.S.- Madhepura, District- Madhepura. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jay Shankar Prasad S/o Late Durga Prasad Singh Resident of VillageKapsiya, P.S.- Saur Bazar, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surya Narayan Yadav For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-10-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.
As per the prosecution case, the petitioner sold maize seeds of Rs. 69,300/- to the retailers from the shop of the complainant and paid only Rs. 17,000/- against the sale and rest of the amount was defalcated by this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that petitioner was working as sales man in the agency of complainant since 01.11.2017. The complainant
Patna High Court CR. MISC. No.31813 of 2022(2) dt.10-10-2022 2/2 was working as Marketing Manager of Barmi Compost and the alleged defalcated amount has already been adjusted against expenditure of marketing. The dispute between the parties relates to accounting. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Saharsa in connection with Complaint case No.438(c)/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T