Patna High CourtCR. MISC./24304/2018dismissed

Rahul Kumar v. The State Of Bihar

2018-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24304 of 2018 Arising Out of PS.Case No. -336 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Rahul Kumar S/o Sri Ram Niwash Rai, R/o Vill.- Basudeo Patti, P.S.- Saraia, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 The petitioner is apprehending his arrest in connection with Fatuha P.S. Case No. 336 of 2017, registered for offences punishable under Sections 406, 420, 468, 467, 471 and 120(B) of the Indian Penal Code.

Allegation as per F.I.R is that petitioner happens to be Loan Officer in Utkarsh Small Finance Banking Limited and he along with co-accused Amit Kumar, the Branch Manager defalcated an amount of Rs. 45, 67, 000/- of the informant, who is owner of the said finance banking limited.

Submission of learned counsel for the petitioner is that he has falsely been made accused in this case and no allegation has been attributed to him rather the specific allegation of defalcating the amount is against co-accused Amit Kumar.

Patna High Court Cr.Misc. No.24304 of 2018 (5) dt.20-08-2018 2/2 Learned counsel for the informant opposed the prayer for bail and submitted that paragraphs 3, 4 and 5 of the case diary shows the complicity of the petitioner also.

Having heard both sides, considering the facts and circumstances of the case and the nature allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather he should surrender before the court below and make prayer for regular bail and if any such application is filed the court below shall decide the same on the merit of the case. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/- U T