Dheeraj Kumar Akela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55892 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== DHEERAJ KUMAR AKELA Son of Sri Mahavir Prasad @ Mahavir Lal Gupta Resident of Flat No. 501 (WT) Twin Tower, South Gandhi Maidan, P.S.- Gandhi Maidan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case no. 188 of 2019, registered under Sections 406 and 420 of the Indian Penal Code. The accusation is that petitioner booked three mobile for supply to three persons from amazon company and paid the price through his bank account. Thereafter, three packets of mobile were handed over to the petitioner by the delivery boy of amazon company, then petitioner entered in this house and after sometimes came out from the houseand returned three packets to delivery boy disclosing that he has received wrong O.P.T. and delivery boy returned three packets to Amazon company store then on opening the three packets, it

Patna High Court CR. MISC. No.55892 of 2019(2) dt.04-09-2019 2/2 was detected that this petitioner by opening three packets replaced the mobile putting other materials.

Learned counsel for the petitioner submits that, in fact, due to wrong OTP received by the petitioner, three packets were returned and after three days, the money of the petitioner returned to his account as such there was no occasion of replacing the mobiles kept in three packets by other material. 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 Sub-Judge-XVII-cumACJM, Patna in connection with Gandhi Maidan P.S. Case No. 188 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T