Niraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44564 of 2016 (2) dt.28-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44564 of 2016 Arising Out of PS.Case No. -517 Year- 2015 Thana -GANDHIMAIDAN District- PATNA ====================================================== Niraj Kumar, son of Shiv Kumar Singh, resident of village - Baudha Chak, P.S. Parsa Bazar, District Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate. For the Opposite Party/s : Mr. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 517 of 2015 registered under Sections 408 and 420/34 of the Indian Penal Code. The accusation is that four persons, namely, Kabindra Kumar, Rupesh Kumar, Sujit Kumar and Shiv Kumar @ Sanni, being an employee of Ranisati Telegtek Pvt. Ltd., Jamal Road, Patna, sold the mobiles to different shop owners but they did not deposit the said amount in the company, while false bills were prepared by the said persons. Co-accused, Rupesh Kumar, was the employed in the said company on the recommendation of this petitioner.

Patna High Court Cr.Misc. No.44564 of 2016 (2) dt.28-10-2016 Learned counsel for the petitioner submits that, in fact, petitioner is not the employee of M/S Ranisati Telegtek Pvt. Ltd, in which, the informant is an Accountant. It is further submitted that petitioner has falsely been implicated in this case as coaccused Rupesh Kumar, who was the employee in the said company, is the brother of the petitioner and he got job in the said company on the recommendation of this petitioner. Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Patna, in connection with Gandhi Maidan P.S. Case No. 517 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T