Surendra Kumar Kushwaha @ Surendra Kumar Khushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33881 of 2019 Arising Out of PS. Case No.-148 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Surendra Kumar Kushwaha @ Surendra Kumar Khushwaha, Son of Late Mithu Prasad, Resident of Village- Nawadah, P.S.- Arrah Nawadah, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 120(B)/34 of the Indian Penal Code.

It would appear that initially petitioner filed complaint case bearing Complaint Case No. 1337 (C) of 2016 against the Director and others officials of the DJN Group of Companies making allegation of misappropriation of deposited money. However, the aforesaid complaint case was sent to police station and, accordingly, present case was lodged. The petitioner was made accused in course of investigation in the present case. The perusal of the impugned order goes to show that in course of

Patna High Court CR. MISC. No.33881 of 2019(2) dt.23-05-2019 2/2 investigation, it came to light that petitioner was working as commission agent of the aforesaid company. However, it is submitted on behalf of the petitioner that petitioner had also deposited money near about 10,00,000/- (Ten lac) with the aforesaid Company and his money was also misappropriated by the officials of the concerned company. It is also informed that one of the directors of the aforesaid company has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 26.02.2019 passed in Criminal Miscellaneous No. 10762 of 2019.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 148 of 2017. (Hemant Kumar Srivastava, J) khushbu/- U T