Niraj Kumar @ Niraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 63041 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- Parsa District- Saran ====================================================== Niraj Kumar @ Niraj Kumar Singh, son of Birendra Singh, Resident of Village- Pachaurar, P.S.- Taraiya, District- Saran (Chapra). ... ... Petitioner
Versus
1. The State of Bihar
2. Dinesh Kumar Singh, son of Jagdish Singh, resident of Marar, P.S. Parsa, Distt- Chapra (Sarah) at present residing Veer Kuar Singh Colony P.S.- Magadh Medical College, Gaya, Distt- Gaya ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr. Kapil Deo Singh For the Opposite Party/s :
Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 6.
05-03-2019 The sole petitioner, apprehending his arrest in Parsa P.S. Case No. 56 of 2018 registered for offence under Sections 408, 409, 420, 120 (B) of the Indian Penal Code (arising out of Complaint Case No. 1077 of 2017), has prayed for grant of bail, in the event of his arrest of surrender.
Earlier, on notice, opposite party no. 2 had appeared. By order dated 15-01-2019, a coordinate Bench of this Court had granted time to the complainant to produce document to substantiate that the petitioner was employee of the complainant. Again, time was granted, however record suggests that till date, no counter affidavit has been filed. On perusal of the F.I.R., which is based on the complaint petition filed on 09-08-2017, it appears that the complainant of the present case has alleged that petitioner, being
Patna High Court CR. MISC. No.63041 of 2018(6) dt.05-03-2019 2/2 employee, has misappropriated huge amount of the complainant. Along with the present petition, the petitioner has also brought on record a copy of complaint petition, which was filed by him against the informant/complainant of the present case, in which, several allegations were made that he was not being paid his remuneration regularly. On perusal of the present F.I.R. as well as complaint filed by the petitioner against the informant, the Court is of the opinion that it is fit case for extending the privilege of anticipatory bail. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let the petitioner namely, Niraj Kumar @ Niraj Kumar Singh 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 A.C.J.M., 13th , Saran at Chapra in connection with Parsa P.S. Case No. 56 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Rakesh Kumar, J.)