Md. Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50099 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- NAANPUR District- Sitamarhi ====================================================== Md. Afroz S/o Late Manul Haque R/o Village Paktola, P.S. Nanpur, District Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Nanpur P.S. Case No.15 of 2021, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code. The informant who is the Assistant Manager of Baruna Enterprises Logistics Pvt. Ltd. alleged that the petitioner is the driver of the said company and he fled away leaving the loaded truck in an abandoned condition in Silliguri. The petitioner has to pay Rs.1,08,139/- due with the company, but he is not returning the said amount.

Learned counsel for the petitioners submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no

Patna High Court CR. MISC. No.50099 of 2021(2) dt.29-04-2022 2/3 criminal antecedent as stated in paragraph 3 of the bail application. It is further submitted that the petitioner was working in the company as a driver for the last nine years and done his job without any complain. It is submitted that in June, 2020 the petitioner had gone Silliguri with loaded truck but the truck could not be unloaded due to lock down and the petitioner got infected with corona virus and left Silliguri to his home after informing the company. It is also submitted that in fact Rs.3,00,000/- of his salary was due upon the company and the petitioner was in need of money for his treatment for which the petitioner requested the company to make payment but the company did not pay a single farthing to the petitioner. The petitioner gave legal notice to the company on 02.01.2021 and thereafter the present case was lodged. It is also submitted that the dispute is civil in nature.

The learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of

Patna High Court CR. MISC. No.50099 of 2021(2) dt.29-04-2022 3/3 the like amount each to the satisfaction of learned S.D.J.M., Pupri at Sitamarhi in connection with Nanpur P.S. Case No.15 of 2021, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) Sanjay/- U T