Kishore Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45990 of 2019 Arising Out of PS. Case No.-264 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Kishore Jha, Son of Jaynath Ojha Chief Executive Officer-cum-Director, Ergos Business Solutions Pvt. Ltd. at Burano-901, Purva Venezia, Police Station-Yelahan Ka New Town, Bangalore-560064 ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kumar Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with Ahiyapur P. S. Case No. 264 of 2019, disclosing offences under Sections 406, 420 and 120B of IPC. Second counter affidavit is filed by the informant. As per F.I.R. petitioner is running the Ergos Business, who is C.E.O-cum-Director of Ergos Business Solutions Pvt. Ltd. and there is allegation that under a conspiracy with other officers, he misappropriated the amount of Rs.73,33, 544/-. Submission of the learned counsel for the petitioner is that he has already deposited Rs. 42,70,972/- by R.T.G.S. and he has stated on oath and annexed the papers showing that transaction. Heard learned A.P.P. as well as learned counsel for the informant also, who has submitted that he has got instruction that amount of Rs. Rs. 42,70,972/- was deposited by petitioner through R.T.G.S. but still huge amount is due with the petitioner.

Patna High Court CR. MISC. No.45990 of 2019(6) dt.21-11-2019 2/2 Having heard both sides, in view of the facts and circumstances, as stated above, as more than 50% of claimed amount has been paid by the petitioner through R.T.G.S., let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P. S. Case No. 264 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to cooperate in the investigation of the case and appear before the I.O. concerned. It is also expected that petitioner and informant may take steps for final settlement of the dispute.

With the aforesaid, this application is allowed. (Vinod Kumar Sinha, J) Sunil Shukla/- U