Bimal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8159 of 2021 Arising Out of PS. Case No.-416 Year-2016 Thana- CHAPRA TOWN District- Saran ====================================================== Bimal Kumar Jha Son Of Late Dhirendra Jha Resident of Village - Pandaul Tola Jamsam, P.S.- Pandaul, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 407, 408, 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The prosecution case as per complaint petition

Patna High Court CR. MISC. No.8159 of 2021(4) dt.18-01-2022 2/3 is that the complainant and his wife were appointed as agents in a chit fund company namely Weird Group of Company. The complainant collected the money from different persons and deposited Rs. 8,00,000/- in different schemes of the company. However, on maturity when the complainant tried to withdraw the money, the accused persons started delaying in its payment and ultimately they closed the branches of the State and thereby misappropriated Rs. 8,00,000/-.

It is submitted by learned counsel for the petitioner that complainant has not shown any chit of paper or any receipt of the deposits. The complainant has not even shown from whom he collected the money neither any individual has complaint against the company. The petitioner was only an employee for a particular point of time and he has no concern either with the policy or any liability of the company in question. Moreover, in the entire complaint petition, nothing has been alleged against the petitioner.

Patna High Court CR. MISC. No.8159 of 2021(4) dt.18-01-2022 3/3 In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran in connection with Chapra Nagar P.S. Case No. 416 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T