Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1095 of 2022 Arising Out of PS. Case No.-801 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== SUDHIR KUMAR Son of Ramsurat Prasad Resident of Village - Kathaiya, Bishunpura, P.s.- Jagdishpur, Distt.- West Champaran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal,Sr.Adv.

Mr.Kumar Rajdeep,Adv.

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 409, 420 of the Indian Penal Code.

As per the prosecution case, co-accused Randhir Kumar Kushwaha, who was running the centre in question, and this petitioner defalcated Rs. 20,00,000/- (Twenty lacs) deposited by the customers.

It is submitted on behalf of petitioner that from bare perusal of the F.I.R., it is apparent that it was co-accused Randhir Kumar Kushwaha, who was running the centre in question and it is he, who collected and fraudulently misappropriated the amount of the customers. There is no allegation against this petitioner of either collecting or defalcating the amount. He is only alleged to be associate of co-

Patna High Court CR. MISC. No.1095 of 2022(7) dt.13-12-2022 2/2 accused Randhir Kumar Kushwaha in the centre. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 801 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T