Rakesh Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9236 of 2024 Arising Out of PS. Case No.-222 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Rakesh Kumar Manjhi Son of Sita Ram Manjhi Resident of Village - Karanpura (Karnpura) (Kanpura), P.S.- Manjhagarh, Distt.-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Uttar Bihar Gramin Bank, Branch manjhaharh, Gopalganj Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Singh, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For OP 2 :

Mr. Prabhakar Jha, Advocate Mr. Anutesh Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 467, 468 , 471 , 409 and 34 of the Indian Penal Code .

3. As per the prosecution case , there is illegal withdrawal of Rs. 14,52,897/- and out of which it is alleged that Rs. 1,90,897/- has been transferred in the account of the present petitioner.

4. After some argument, learned counsel for the petitioner submits that he is ready to pay the alleged amount of Rs. 1,90, 000/- (one lac ninety thousand) in easy installments in the Nazarat of the Civil Court, Gopalganj .

Patna High Court CR. MISC. No.9236 of 2024(4) dt.01-07-2024 2/3

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate , Gopalganj in connection with Manjhagarh P. S. Case No. 222 of 2022 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 90,000 /- (Ninety thousand) through Bank Draft/cash in the Nazarat of Civil Court, Gopalganj at the time of furnishing bailbond. (ii) The petitioner shall refund the rest amount i.e., Rs. 1,00000/- (one lac) in three equal installments through Bank Draft/cash in the Nazarat of Civil Court, Gopalganj within a period of one month from the date of furnishing bail-bond.

(iii) The aforesaid payment shall be subject to the final outcome of the case .

(iv) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner.

6. This order has been passed, without going into the

Patna High Court CR. MISC. No.9236 of 2024(4) dt.01-07-2024 3/3 merit of the case, only for the purpose of consideration of prayer for anticipatory bail of petitioner.

(Prabhat Kumar Singh, J) Koushik/- U