Patna High CourtCR. MISC./49898/2017bail granted

Barun Kumar Singh v. The State Of Bihar

2017-10-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49898 of 2017 Arising Out of PS.Case No. -124 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Barun Kumar Singh, s/o Sadhu Saran Singh, r/o vill- Raksel Tendua, PSHariharganj, Dist- Palamu (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Aurangabad (Town) PS case no. 124 of 2011 for the offences punishable under Sections 420, 467, 468, 120(B) of Indian Penal Code.

The allegation against the petitioner is swindling the money of the customers while he was employed as Manager in the O.C.P.L. and was issuing only the receipts for the money given by the customers, however, neither the bond nor PDR were issued and thereafter the amount so taken from the customers was not being returned by the petitioner upon being asked to be refunded. The learned counsel for the petitioner submits that the petitioner is innocent. He was working as a part time employee

Patna High Court Cr.Misc. No.49898 of 2017 (2) dt.17-10-2017 2/2 of the said company. He was only an employee and not the owner of the company, hence the liability of the amount cannot be fastened on him. Learned counsel for the petitioner, however, submits that the petitioner is ready to deposit a sum of Rs. 35,000/-, a part of the amount defalcated, before the trial court for the purposes of securing the bail.

In the facts and circumstances of the case as well as considering the fact that the petitioner is ready to deposit a sum of Rs. 35,000/- I deem it fit and appropriate to enlarge the petitioner on bail upon deposit of Rs. 35,000/- (thirty five thousand) with the learned trial court and upon such conditions as the learned Chief Judicial Magistrate, Aurangabad may deem fit and appropriate. The aforesaid amount shall be subject to the final outcome of the case.

The petition is disposed of.

(Mohit Kumar Shah, J.) rinkee/- U T