Nitish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67961 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Nitish Kumar S/O Shyambabu Ray R/V Rewasi Lakshmipur, P.S Riga, DistSitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Amit Kumar Son Of Nirala Mahto Village- Nawhatta, Post- Paroiya, PsWaris Nagar, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420 and 406/34 of the Indian Penal Code.
3. As per FIR, petitioner along with other accused persons are said to have embezzled Rs. 6,78, 943/- of the loan holders of the company.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is ready to return Rs. 76,078/- to the company within six months. He further submits that petitioner has no criminal antecedent as stated in para-3 of
Patna High Court CR. MISC. No.67961 of 2023(2) dt.03-11-2023 2/2 the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail within a period of eight months on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sheohar P.S. Case No. 178 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. On payment of Rs. 76,078/-, the provisional bail of the petitioner will be confirmed by the learned court below. (Anjani Kumar Sharan, J) devendra/- U T