In a pre-arrest bail application regarding allegations of cheating and criminal breach of trust, the Patna High Court granted bail to the petitioner on furnishing a bond with two sureties, subject to standard conditions.
Released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount each.
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.75505 of 2019
Arising Out of PS. Case No.-480 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur
======================================================
Raja Kumar, S/o Bharat Bhagat, R/o village- Beruadih, P.S.- Sakra, DistrictMuzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
4 16-06-2020
Heard learned counsel for the petitioner and learned counsel for the State via video conferencing.
By way of the present application, the petitioner has sought for pre-arrest bail in connection with Kazi Mohammadpur P.S. Case No.480 of 2018 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
It is contended by the learned counsel for the petitioner that admittedly the petitioner had been working in the informant’s company as a delivery boy. He was assured payment of Rs.8,000/- per month along with travelling allowance of Rs.1.50 per kilo meter at the time of joining, but he was being paid an amount of Rs.4,000/- per month without any travelling allowance, and on demand, it was being answered
Patna High Court CR. MISC. No.75505 of 2019(4) dt.16-06-2020 2/3
that the rest amount will be paid in future. When the petitioner insisted for clearing his account, as he was not ready to work there on a monthly salary of Rs.4,000/- per months, he was implicated in the present case, which is concocted and fabricated. It has further been contended that the petitioner has got no criminal antecedent.
On the other hand, learned counsel for the State submitted that there is allegation in the first information report that when the petitioner returned certain packets, which were given for him for delivery, it was found that sticker of one packet was not properly sealed and out of suspicion when the packets were opened, it was found that in place of mobiles, the packets contained power bank and soap. On inquiry, the petitioner did not accept his guilt. He contended that by the aforesaid act of omission and commission the petitioner had caused defalcation of Rs.1,18,000/- of E. Com. Express Pvt. Ltd.
Regard being had to the nature of allegation, the submissions advanced on behalf of the parties as also that the informant has not mentioned specific date and time of occurrence in his written report, in the event of arrest or surrender in the court below, the petitioner is directed to be
Patna High Court CR. MISC. No.75505 of 2019(4) dt.16-06-2020 3/3
released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st (East), Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No.480 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether the petitioner is eligible for pre-arrest bail in a case alleging cheating and criminal breach of trust.
2 provisions across 2 enactments
Raja Kumar
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
