Sudarshan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8825 of 2016 Arising Out of PS.Case No. -176 Year- 2015 Thana -NAWINAGAR District- AURANGABAD ====================================================== Sudarshan Choubey son of Late Harihar Chaubey, Resident of Shantipuri beside of Police Line, P.S.- Shantipuri, District- Dlatonganj (Jharkhand) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420 and 409 of the Indian Penal Code. Allegation against the petitioner is of defalcation of money.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. The total defalcation amount in question is said to be Rs. 2,60,070/- only. Subsequently, after institution of the F.I.R. the said amount was reversed back in the correct account. Hence, as of date, there is no wrongful loss caused to the parties. It is further submitted that petitioner is ready to deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that petitioner shall deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the

Patna High Court Cr.Misc. No.8825 of 2016 (3) dt.28-03-2016 2/2 case.

Let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl.

Chief Judicial Magistrate, Aurangabad, in connection with Navinagar P.S. Case no. 176 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T