Vikash Kumar @ Vikash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52327 of 2024 Arising Out of PS. Case No.-118 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Vikash Kumar @ Vikash Singh Son of Chandra Bhushan Singh Resident of Village- Gandhi Ashram, P.S.- Town, District -Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjit Kumar S/o Late Hare Ram Singh Village - Supaul, P.S.- Supaul, Distt.- Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr.Adv.

Mr. Rajeev Ranjan No. II Mr. Kumar Rajdeep For the Opposite Party/s :

Mr.Raj Kishor Singh, APP Mr. Kumar Kaushlendra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 379, 420 of the IPC.

3. As per the prosecution case, this petitioner, who was employee in the company of informant for the last 12 years taking advantage of the trust, defalcated the amount of Rs. 88 lakhs of the company during the period from 20.09.2023 to 05.04.2024.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case only on suspicion. There is no chit of paper on record in support of the allegation. He further submits that the alleged vehicle, on which

Patna High Court CR. MISC. No.52327 of 2024(5) dt.08-01-2025 2/3 bags of foods were supplied, was purchased in February, 2024, which itself falsifies the allegation made in the F.I.R. Neither any audit report has been filed nor petitioner has played any role in the alleged defalcation of money. As a matter of fact, the name of the petitioner has been dragged in this case merely because he was representing employee unit in the company and demanding enhancement of salary. It was not the duty of petitioner to deal with cash transaction of the company. As per order and direction of the company, he simply supplied the feeds to the parties. Petitioner claims clean antecedent.

5. Learned counsel for the opposite party no. 2 vehemently opposes the prayer for anticipatory bail and submits that petitioner has been appointed in the company on the post of Chicks @ Feed Dispatcher and he was regularly being paid his salary. He further submits that in the half yearly stock audit of the company in the month of April 2024, it was found that in the physical counting there was shortage in the stock of amount amounting to Rs. 88,15,298/-.

6. Considering the rival submissions of the parties, perusing the materials available on record, nature of dispute and clean antecedent of the petitioner, his prayer for anticipatory bail is allowed.

Patna High Court CR. MISC. No.52327 of 2024(5) dt.08-01-2025 3/3

7. Accordingly, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Lalganj P.S. Case No. 118 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T