Vidyanand Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62837 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Vidyanand Pathak, Son of Uma Kant Pathak Resident of Village- Damshin, P.S.- Alinagar, District- Darbhanga-847405.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Chandra Bose For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Begusarai Town P.S. Case No.57 of 2018, for the offence punishable under Sections 408, 420, 468 and 471 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner along with other accused persons misappropriated a sum of Rs.1,22,960/- approximately in criminal breach of trust inasmuch as he received the amount from the customers but did not deposit the same in the account of the dealer of TVS Credit Shakh Ltd. company, i.e., informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as

Patna High Court CR. MISC. No.62837 of 2019(2) dt.22-10-2019 2/3 the petitioner is one of the members of the team headed by one Arjuna Kumar Pandey and the petitioner used to collect the amount from the customers and deposit it to team leader, Arjun Kumar Pandey, who used to issue proper receipt. Learned counsel for the petitioner further submits that all the amounts collected from the customers have been deposited by him before the team leader, Arjun Kumar Pandey. However, without prejudice to his rights and contentions, the petitioner offers to deposit a sum of Rs.50,000/- before the learned trial Court, subject to the final outcome of the case.

Having regard to the submissions made by the parties and in view of the offer made by learned counsel for the petitioner, let a sum of Rs.50,000/- to be deposited to the trial Court by the petitioner which shall be deposited in a Fixed Deposit of nationalised bank by the trial Court and on this condition, let the petitioner be released on anticipatory bail Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.62837 of 2019(2) dt.22-10-2019 3/3 Chief Judicial Magistrate, Begusarai, subject to the condition that he will deposit a sum of Rs.50,000/- before the trial Court and the learned trial Court is directed to keep the amount in F.D. in the nationalized bank, subject to final outcome of the case. (Anil Kumar Sinha, J) sanjeev/- U T