Atul Kumar Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.18744 of 2017 (2) dt.16-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18744 of 2017 Arising Out of PS.Case No. -448 Year- 2016 Thana -GANDHIMAIDAN District- PATNA ====================================================== Atul Kumar Roy, Son of Sri Ranjit Kumar Roy, resident of H/260 Kishunpur, Pakri, P.S.- Beur, District- Patna..... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manibhushan Pratap Sengar For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Gandhi Maidan P.S. Case No. 448 of 2016 registered for the offences punishable under Sections 420, 408, 120B, 381/34 of the Indian Penal Code.

Allegedly, the petitioner being CCR (Customer Care Representative) Ujjivan Financial Services Limited was the incharge of the Cashier on 03.12.2016 and the petitioner in connivance with other co-accused misappropriated Rs. 8 lakhs of the company.

Submission is of false implication and that the petitioner after accounting the cash has informed and he has been made accused though he should have been made witness. Amount of Rs. 8 Lakh was missing, the petitioner was the incharge for

Patna High Court Cr.Misc. No.18744 of 2017 (2) dt.16-05-2017 only one day and other co-accused Nand Kumar Cashier and Santosh Kumr Singh CRM have already been allowed bail vide Cr. Misc. No. 6076 of 2017 and 5437 of 2017 respectively. The petitioner is in custody since 06.12.2016 and as such the petitioner deserves sympathetic consideration.

Learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that it was the petitioner who made the cash missing.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge VI-cum- A.C.J.M., Patna in connection with Gandhi Maidan P.S. Case No. 448 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T