Md. Mainuddin @ Moin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24372 of 2018 Arising Out of PS. Case No.-114 Year-2017 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Mainuddin @ Moin, son of Md. Ajajuddin, Resident of Village- Fateha, P.S. Kathaiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mohammad Sufyan For the Opposite Party/s :

Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kazi Mohammadpur P.S. Case No. 114 of 2017, registered for the offence punishable under Sections 379, 420, 465 and 467 of the Indian Penal Code.

The allegation is regarding the petitioner being an employee of the company of the informant, which engages in sale of CCTV cameras. The allegation against the petitioner is that he had collected money from the customers, but did not give the same to the informant.

The learned counsel for the petitioner submits that the allegation is false and concocted inasmuch as the informant has

Patna High Court Cr.Misc. No.24372 of 2018(5) dt.04-07-2018 2/3 not been able to show that the petitioner had, in fact, received any such money, which was due from the customers and is alleged to have been collected by him from the customers. Nonetheless, the learned counsel for the petitioner submits that the petitioner for the purposes of seeking bail, is ready to deposit a sum of Rs. 50,000/-. The petitioner is stated to be languishing in custody since 08.03.2018.

Per contra, the learned counsel for the informant, referring to Paragraph Nos. 106, 109 and 112 of the case diary, has submitted that the petitioner has collected a sum of Rs. 1,20,000/- from various customers, as has been stated by them in the statement made before the police.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the petitioner to deposit a sum of Rs. 50,000/- before the Nazarat of the concerned court, which shall be subject to the final outcome of the case, and thereafter, produce the receipt of deposit of the said amount before the concerned court whereupon, he shall be released on regular bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 114 of 2017, subject to such other

Patna High Court Cr.Misc. No.24372 of 2018(5) dt.04-07-2018 3/3 conditions as may be imposed by the concerned court. The present petition is disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T