Vijay Pathak @ Vijay Kumar Pathak And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33506 of 2018 Arising Out of PS.Case No. -305 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================
1. Vijay Pathak @ Vijay Kumar Pathak, S/o Late Ramanand Pathak, Manager J.C. SSSS Hemkunj of Vill.- Gajhara, P.S.- Ladaniya, DistrictMadhubani.
2. Navo Nath Jha @ Nawal Kishore Jha S/o Singheshwar Jha, R/o Vill.- Balha Durga Tole , P.S.- Rajnagar , District- Madhubani. Manager JC. SSSS Madhubani, Head Office 208489 Second Floor Hemkunj Chamber, Nehru Place New Delhi.
3. Vinod Kumar @ Binod Dubey S/o Gopinath Dubey, R/o Vill.- Bibiganj, P.S.- Muzaffarpur, District- Muzaffarpur, Chairman J.C. SSSS Head Office Second Floor Hemkunj Place Nehru Place New Delhi. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard the parties.
The petitioners seek anticipatory bail in connection with Madhubani Town P.S. Case No. 305 of 2016, registered for offences punishable under Sections 406, 420, 120(B), 504 and 467 of the Indian Penal Code.
Allegation against the petitioners, who happens to be Marketing Manager and they have collected huge amount for the company and on demand, they are not returning the same to the public including the informant.
Submission of the learned counsel for the petitioners is that they are Marketing Manager of the Company and they
Patna High Court Cr.Misc. No.33506 of 2018 (3) dt.05-07-2018 2/2 collected the money and sent them into the head office of the Company. It is also submitted that the informant is himself a Marketing Manager of the Company.
Learned A.P.P. opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Madhubani Town P.S. Case No. 305 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Madhubani, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioners shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of their bail bonds (Vinod Kumar Sinha, J) Sudha/- U T