Mirtunjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2720 of 2015 Arising Out of PS.Case No. -477 Year- 2013 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================
1. Mirtunjay Kumar S/o Late Shatrudhan Roy R/o Village - Kalyanpur Basti, P.S. - Mohiuddin Nagar, District - Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-04-2015 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.
Admittedly, petitioner was working as Peon in Government Girls High School Dalasing Sarai and it is stated that the informant being Head Master of the aforesaid school issued a cheque of Rs. 5 lacs in the name of the petitioner for withdrawal of the above stated amount but petitioner fled away along with the aforesaid amount of Rs. 5 lacs.
The contention on behalf of the petitioner is that no doubt, cheque of Rs. 5 lacs was given to the petitioner for withdrawal of the aforesaid amount but as a matter of fact, after withdrawal of the said amount petitioner handed over the aforesaid
Patna High Court Cr.Misc. No.2720 of 2015 (4) dt.17-06-2015 2/2 amount to the informant, who himself misappropriated the said amount and lodged the present case against the petitioner to save his skin.
The investigation of this case has already been completed but unfortunately, police failed to trace out the amount in question.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalasing Sarai, Samastipur in connection with Dalasing Sarai P.S.Case no. 477 of 2013. (Hemant Kumar Srivastava, J) Namita/- U T