Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24791 of 2012 ====================================================== Abhijeet Srivastava .... .... Petitioner. Versus The State Of Bihar .... .... Opposite Party. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 27-07-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The case was instituted on the report of the Audit Manager to the effect that the Manager and the petitioner being the Business Development Executive and others defalcated the amount of Rs. 52,00,000/- and after taking the documents they fled away from the Company. It is submitted by learned counsel for the petitioner that the petitioner was appointed as Business Development Executive and posted at Padrauna which gets reflected from the appointment letter issued on 30.08.2008 as contained in Annexure-3 when the accusation is for the period of July, 2008 to January, 2010 and the case was lodged Patna High Court Cr.Misc. No.24791 of 2012 (3) dt.27-07-2012 2 / 2 2 on 21.10.2010. It is further submitted that there was no responsibility for the petitioner for keeping the documents or withdrawing the amount when accusation is specific against the Manager who managed the records. Considering the aforesaid facts, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Siwan Town P.S. Case No. 247 of 2010 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The bail bond of the petitioner will be accepted on affidavit being filed before the learned court below that the petitioner will co-operate in investigation and the said affidavit be transmitted to the concerned Investigating Officer of the present case by the learned court below. Non co- operation of the petitioner in investigation will give liberty to the informant to file an application for cancellation of bail of petitioner. U.K./- (Dinesh Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.