Gaurav Kumar @ Gaurav Kr. @ Gaurv Kr. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88015 of 2024 Arising Out of PS. Case No.-487 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Gaurav Kumar @ Gaurav Kr. @ Gaurv Kr. Son of Pawan Kumar Mahto Village- Khanjhapur, P.S.- Cheriya Bariyarpur, District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandra Mauli Chakravarti Son of Sri Ramlakhan Prasad R/O Delhi Chak, Post- Mirnava Vartaman Bharat Financial Inclusion, Limited's Branch Manager, Punjabi Mohalla, P.S. and Dist.- Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 318(4) and 303(2) of BNS.
3. Learned counsel for the petitioner submits that informant, who is Branch Manager of a financial company, alleges that petitioner siphoned off Rs. 3,97,815/- of the customer and fled and also defalcated an amount of Rs. 7,61,164/- of the company.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is
Patna High Court CR. MISC. No.88015 of 2024(2) dt.08-01-2025 2/3 also submitted that petitioner was a new entrant in the company and as such was not aware how the company functions. It is further submitted that though it is alleged in the FIR that the petitioner defalcated the aforesaid amount in between April to July, 2024, but then no case came to be instituted against him when the company on daily basis maintains the register of deposit. It is further submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lakhisarai P.S. Case No. 487 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.88015 of 2024(2) dt.08-01-2025 3/3 Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) Rishabh/- U T