Rakesh Mazumdar v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6747 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== Rakesh Mazumdar Son of Ratan Mazumdar Resident of Village-Gwalpara, P.S.-Gwalpara, District -Madhepura ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Union of India through Postal Inspector, (Purvi), Sub Division, Saharsa Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shyam Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/409/420/120B of the Indian Penal Code.

The FIR would reveal that the allegation of defalcation of public money of the Post Office is against coaccused Sanjeev Kumar and Shambhu Kumar Rajak. Those two persons had opened the fake bank account in the name of the petitioner and some other persons and they withdrew the money.

Submission is that it has come during investigation

Patna High Court CR. MISC. No.6747 of 2019(4) dt.17-04-2019 2/2 that the petitioner never withdrew money from that account. The petitioner has got no criminal antecedent.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Gwalpara Police Station Case No.92 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T