Guddu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70877 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== GUDDU SHARMA Son of Surendra Sharma Resident of Village- Ward No.- 3, Near- School, Shiopatti, P.S.- Shanichari, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-05-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Pakaridayal PS Case No. 65 / 2022 dated 02.03.2022 registered under Section 406, 420, 409, 120 (B) of the IPC. As per the FIR, the petitioner was working as a Collection Agent of L&T Financial Services Holding Ltd., a Company registered under the Companies Act and dealing with small financing. During the course of his job, the petitioner collected the installment amount from various customers amounting to Rs. 114500/- but did not deposit the same in the account of the Company.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner

Patna High Court CR. MISC. No.70877 of 2022(2) dt.15-05-2023 2/3 alleged and there was no intention of the petitioner to misappropriate the fund collected from the customers. He further submits that in fact money collected by the petitioner was snatched from him by some miscreants therefore, there was a delay in depositing the amount in question. However, the petitioner and his father has deposited a sum of Rs. 114500/- in the Companies account which would be evident from Annxure- 2 Series to this application. The petitioner has got no criminal antecedent. Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that money has already been deposited by the petitioner through his father and the same has been acknowledged by the Branch Manager of L&T Financial Service vide Annexure- 2 Series, as such, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.70877 of 2022(2) dt.15-05-2023 3/3 satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Pakaridayal PS Case No. 65 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T