Anup Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11255 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11255 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Anup Kumar Son of late Badri Narayan Verma Resident of MohallaLaldarvaja , Ps Kotawali District Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kripa Nand Jha, Advocate For the Opposite Party : Mr. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kotwali P.S. Case No. 259 of 2015 for the offences instituted under Sections 409 and 420 of the Indian Penal Code. As per prosecution case, petitioner is found to embezzle the amount of postal stamp valued at Rs.9,88,294/- out of Rs.33,37,002/-. When he was asked to show the said amount, he was not able to show the same rather he showed Rs. 23,48,708/- in place of Rs. 33,37,002/-. It is further been alleged that the money of sold stamp has been kept in his possession and was not deposited in the bank.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.11255 of 2016 (2) dt.25-04-2016 petitioner has got no criminal antecedent. Petitioner is the postal assistant in the postal department. As per the prosecution case, there was a shortage of Rs.9,88,294/- in respect to sale of stamp but from perusal of the FIR itself, it appears that the said amount is deposited by the petitioner on the same day. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R and the said amount has already been deposited by the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Kotawali P.S. Case No. 259 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Munger, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T