Sumit Sinha v. The State Of Bihar
Case brief
What is this about?
In a bail application under Sections 406, 420, 466, 471, and 120(B)/34 IPC regarding alleged misappropriation of company funds, the petitioner was directed to be discharged on bail upon furnishing a bond with sureties.
What did the court decide?
The petitioner is enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount each to the CJM, Vaishali.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36303 of 2016
| Arising Out of PS.Case No. -41 Year- 2016 Thana -HAJIPUR SADAR District- VAISHALI(HAJIPUR) ====================================================== |
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| 1. Sumit Sinha Son of Sanjay Kumar Sinha Resident of Mohalla- Ashoknagar, Road No.8, P.S.- Kankarbagh, District- Patna. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== |
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| Appearance : For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Nazir Ansari Mr. Surendra Kishore Thakur ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER |
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| 4 | 17-11-2016 Heard Sri S.N.P. Sinha, the learned senior counsel for the petitioner, Sri Surendra Kishore Thakur, the learned counsel for the informant, and the learned Additional Public Prosecutor. The petitioner seeks bail in Hajipur Sadar P.S. case No. 41/2016 under Section 406, 420, 466, 471, 120(B)/34 of the Indian Penal Code. The informant, Executive Director (Administration) of Vastu Vihar company, lodged the case and alleged that the petitioner along with his brother, wife and friends, Amit Singh and Noman Ansari, defalcated about Rs. three crores of the Company, received from different customers. |
Patna High Court Cr.Misc. No.36303 of 2016 (4) dt.17-11-2016
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The learned counsel for the petitioner submits that petitioner was working in the Company and, of course, he issued some receipts, after receiving money from different customers, but he deposited the money in the account of the Company. The informant alleged that petitioner misappropriated three crores rupees but in the first counter affidavit the informant alleged that petitioner misappropriated Rs. 1,53,61,221/-. When the Company was directed to file receipts issued by the petitioner, today Sri Surendra Kishore Thakur, the learned counsel for the Company, filed receipts showing misappropriation of Rs. 59 lacs. It is further submitted that from perusal of the receipts, it appears that petitioner had issued only 42 receipts, acknowledging the receipt of money from the customers, which comes to Rs. 40 lacs during the period 2011-16. Other receipts were issued by Amit Kumar Sinha, brother of the petitioner, Amit Singh and Noman Ansari at the instance of the petitioner. Amit Kumar Sinha has already been granted anticipatory bail. The petitioner is in jail for last six months. Charge sheet has already been submitted.
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to bail in a criminal case involving alleged misappropriation of company funds given the length of incarceration.
Whether the petitioner must furnish a bail bond with sureties.
Parties & counsel
- petitioner
Sumit Sinha
- respondent
The State of Bihar
Coram
PRABHAT KUMAR JHA
Case details
As recorded by the court registry
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