Mukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13999 of 2021 Arising Out of PS. Case No.-275 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== MUKESH Son of Ram Snehi Singh Resident of Village - Jalsi, P.S.- Sahiyara, District - Sitamarhi, At present under suspension, Sr. Assistant, S.B.I., Mehsaul Branch, Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr. C. Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in a case registered under Sections 406 & 420 of the Indian Penal Code. Allegedly, an amount of Rs. 2.5 lakhs was fraudulently transferred from BGL account to current account of Sai Enterprises, proprietor co-accused Ratnesh Kumar Raj. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.13999 of 2021(2) dt.30-07-2021 2/3 petitioner has been made accused in this case due to mistake of fact. Due to inadvertent mistake, an amount of Rs. 2.5 lakhs was transferred from BGL account to the account of one, Ratnesh Kumar Raj. Subsequently, the said amount has again reverted back to the account of bank. No wrongful loss has been caused to the bank. At best, it is negligence in duty on the part of the petitioner. There is a departmental proceeding also pending against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No. 275 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks

Patna High Court CR. MISC. No.13999 of 2021(2) dt.30-07-2021 3/3 to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T