Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38845 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Akash Kumar, Son of Anjani Kumar, Resident of Dharfari, P.S.- Deoria, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muzaffarpur Sadar P.S. Case No. 246 of 2016, registered under Sections 406, 419, 420, 467, 468 and 379/34 of the Indian Penal Code and Section 66(C) of the Information Technology Act, 2000. The allegation of informant Mukesh Kumar, Area Manager of InstaKart Services is that the said company is engaged in business of logistics, storage, warehousing, transportation and handling of all kinds of transport services and business of courier and allied services. On 11.04.2016 during the course of audit conducted by the officials at the office situated at R.K.Tower, Bibi Ganj, Muzaffarpur differences in the stocks were noticed from the period October, 2015 to April, 2016 with regard to the missing

Patna High Court Cr.Misc. No.38845 of 2016 (2) dt.03-10-2016 2/2 shipments/goods which includes mobiles and other articles amounting to Rs. 60,00,000/-. It is also come in light in Audit that this petitioner and three others had hand in the misappropriation of articles worth Rs. 60,00,000/-.

Learned counsel for the petitioner submits that admittedly the petitioner was working as Wish Master in InstaKart Services and on perusal of the documents attached with the F.I.R, it would appear that only Rs. 21068/- was booked through the e-mail of the petitioner. Further submission is that petitioner has no criminal antecedent except Complaint Case No. 1338 of 2014, which was registered for the offence under Section 138 of Negotiable Instruments Act.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 246 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T