Barun Kumar Singh @Barun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49755 of 2017 Arising Out of PS.Case No. -84 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== BARUN KUMAR SINGH @ BARUN SINGH, S/o Sadhu Saran Singh, Resident of Village- Raksel Tendua, P.S.- Hariharganj, District- Palamu (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the State : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard Shri Krishna Prasad Singh, learned senior counsel for the petitioner and learned APP for the State. The petitioner seeks regular bail in connection with Aurangabad(T) P.S. Case No. 84 of 2011 for the offences punishable under Sections 406, 420, 467, 468 and 120(B) of the Indian Penal Code.
The allegation against the petitioner is swindling the money of the customers while he was employed as Manager in the O.C.P.L. Company and was issuing only the receipts for the money given by the customers, however, neither the bond nor PDR were issued and thereafter the amount so taken from the customers was not being returned by the petitioner upon being
Patna High Court Cr.Misc. No.49755 of 2017 (2) dt.17-10-2017 2/2 asked to be refunded.
Learned counsel for the petitioner submits that the petitioner is innocent. He was working as a part time employee of the said company. He was only an employee and not the owner of the company, hence the liability of the amount cannot be fastened on him. Learned counsel for the petitioner, however, submits that the petitioner is ready to deposit a sum of Rs. 50,000/-, approximately 50 per cent of the amount defalcated, before the trial court for the purposes of securing the bail. For the reasons stated hereinabove and considering the fact that the petitioner is ready to deposit a sum of Rs. 50,000/-, I deem it fit and appropriate to enlarge the petitioner, namely Barun Kumar Singh @ Barun Singh on bail upon deposit of Rs.50,000/- (fifty thousand), with the learned Trial Court and upon such conditions as the learned Chief Judicial Magistrate, Aurangabad may deem fit and appropriate.
The aforesaid amount shall be subject to the final outcome of the case.
The petition is disposed off.
(Mohit Kumar Shah, J) S.Sb/- U T