Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57083 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Kunal Kumar son of Uma Shankar Singh Village- Dharseni Ps- Barbigha Dist- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Mahesh Prasad Singh son of Kapildev Singh Village- Teus Ps- jairampur Dist- Sheikhpura A/p- Manager of Gayatri Petrol Pump Barbigha PsBarbigha Dist- Sheikhpura 3.

Dr Suresh Sharma M.Ortho,R/o- Station Road,Barh Patna 4.

Dr. C. Chaudhary M.B.B.S. B.Ortho(PET) R/o-Barh Nursing Home,Station Road, Barh, P.S-Barh, Dist-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rizwanul Haque For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barbigha P.S. Case No. 69 of 2023, registered for the offences punishable under Sections 420 and 406/34 of the Indian Penal Code.

3. According to FIR, the informant is owner of the petrol pump and the petitioner is the employee of that petrol pump. As per allegation, the employees, including the petitioner ran away with the diesel delivery van containing petroleum products.

4. Learned counsel for the petitioner has submitted that according to allegation, the petroleum products was handed over to the petitioner and other co-accused persons by the informant to be

Patna High Court CR. MISC. No.57083 of 2024(5) dt.11-09-2025 2/3 sold through the delivery van, but the same was misappropriated by the petitioner and other employees of the petrol pump. He has further submitted that when the investigating officer reached to the place of occurrence and inspected the entry register, he did not find any entry regarding the entrustment of the said petroleum products in the register. He has also submitted that the investigating officer demanded the CCTV footage, but the informant neither produced the CCTV footage nor furnished the plausible explanation for not delivering it to the investigating officer. In this regard, the learned counsel drew my attention towards paragraph nos. 17, 25, and 26 of the case diary.

5. On the other hand, the learned counsel for the informant opposed the prayer for bail and submitted that, in paragraph no. 66 of the case diary, it has been mentioned that some part of the money was paid by the petitioner to the informant, which shows the complicity of the petitioner in the alleged occurrence, to which the learned counsel for the petitioner replies that the money was handed over due to pressure created by the informant and his family members rather, the petitioner paid his own money to the informant under that pressure.

6. The entry of the alleged petroleum products could not be found in the register, kept for that specific purpose. The informant neither produced the CCTV footage nor provided any plausible explanation for not producing it.

Patna High Court CR. MISC. No.57083 of 2024(5) dt.11-09-2025 3/3

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura connection with Barbigha P.S. Case No. 69 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023. (Nawneet Kumar Pandey, J) Nirmal/- U T