Amit Kumar Singh And Anr vs State Of Bihar

Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the informant, who has suo motu appeared.

The petitioners have moved the Court seeking pre-arrest bail in connection with Kudra PS Case No. 213 of 2019 dated 06.07.2019 instituted under Sections 406, 409 and 420/34 of the Indian Penal Code.

The allegation against the petitioners is that they were employees in the factory of the informant and had taken money from the market and the goods were supplied but the money was not deposited in the coffers of the Company.

Learned counsel for the petitioners submitted that the allegation is totally general and vague in nature without giving any details as to who had given money to the petitioners and what supply was given to them by the Company. It was further submitted that in any view of the matter, the dispute can only be gone into by the civil Court upon examination of witnesses with regard to what money was given to the petitioners by which dealer and what amount of material was supplied to those dealers. It was further submitted that even the police has recorded the statement of the dealers who have categorically stated that they had not made any payment to the petitioners.

Learned APP and learned counsel for the informant submitted that the allegation against the petitioners is of defrauding the Company by taking huge money from the market in the name of the Company and the Company delivering the goods, but the money not being deposited in the coffers of the Company, is clearly a criminal offence.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in Kudra P.S. Case No. 213 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

The application stands disposed off.