Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64295 of 2023 Arising Out of PS. Case No.-663 Year-2023 Thana- NAWADA District- Nawada ====================================================== Sandeep Kumar S/O Sri Ram Prasad Yadav @ Prasadi Yadav R/O VillageRatni, P.S. Govindpur, Dist. Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Nagar (Nawada) P.S. Case No. 663 of 2023 registered for the offences punishable under Sections 420, 406, 381, 467, 468, 471, 34 of the Indian Penal Code.

3. As per prosecution case, petitioner along with other co-accused persons, who were staff in the cloth shop of the informant, is alleged to have committed fraud and misappropriated Rs. 35-40 lacs of the informant by maintaining wrong bills in the computer by showing less payments in the bills.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to demand of enhancement of his salary. It is further submitted

Patna High Court CR. MISC. No.64295 of 2023(2) dt.18-10-2023 2/2 that the petitioner was salesman and he has no concern with the money transaction. It is further submitted that similarly situated co-accused, namely, Diyush Raj @ Dheuse Raj @ Rahul has already been granted anticipatory bail by a co-ordinate Bench of this Court, vide order dated 22.08.2023 passed in Cr. Misc. No. 44595 of 2023. The petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nagar (Nawada) P.S. Case No. 663 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T