Avinash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30897 of 2020 Arising Out of PS. Case No.-8 Year-2020 Thana- BAUSI District- Purnia ====================================================== Avinash Kumar, aged about 24 years, male, Son of Vinod Kumar @ Vinok Kumar @ Binod Kumar, Resident of Village- Mofiarganj, Argara Chowk, Begana, P.S. and District- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Adv.
For the Opposite Party/s :
Mr. Vinod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2020 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Vinod Kumar, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Baisi P.S. Case No. 08 of 2020, dated 11.01.2020, instituted for the offences under Sections 406, 420 and 120(B) of the Indian Penal Code. It appears from the First Information Report that
Patna High Court CR. MISC. No.30897 of 2020(2) dt.23-12-2020 2/3 the petitioner is alleged to have defalcated an amount of Rs 2,56,478/-. It is alleged that the aforesaid money was collected by the petitioner from various customers of Feno Finance Private Ltd. and the same was not deposited in the Bank.
Learned counsel for the petitioner has submitted that in fact whatever was collected by him was deposited with the finance company, but the informant, in order to save his own skin for having misappropriated the aforesaid amount, has made the petitioner scapegoat and has lodged this case against him. It has further been submitted that the informant had forcibly taken the motorcycle of the petitioner and the same also has not been released in his favour. Because of the petitioner's poor economic condition, he has been troubled by the informant, who is the Branch Manager of the Feno Finance Private Ltd.
Regard being had to the nature of accusation against the petitioner and taking into account his clean antecedents, he, in the event of his arrest or surrender before the learned Court below within a period of eight
Patna High Court CR. MISC. No.30897 of 2020(2) dt.23-12-2020 3/3 weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Baisi P.S. Case No. 08 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T