Patna High CourtCR. MISC./4036/2025disposed

Subhash Kumar v. The State Of Bihar

2025-06-27Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4036 of 2025 Arising Out of PS. Case No.-263 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== Subhash Kumar S/o Chandeshwar Paswan R/o Village- Bhagwatipur Ward No.2 Amghatta, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 27-06-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the petitioner was granted bail by this Court vide order dated 10.07.2024 passed in Cr. Misc. No. 47645 of 2024 .

3. The petitioner seeks regular bail in a case registered for the offence under Sections 419, 420, 467, 468, 471 and 34 of the Indian Penal Code.

4. The following order was passed on 10.07.2024 in Cr. Misc. No. 47645 of 2024 :- Heard learned counsel for the petitioner and learned counsel for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in the bail petition in course of the day.

3. This application for grant of regular bail arises out of Suppi P.S. Case No.263

Patna High Court CR. MISC. No.4036 of 2025(3) dt.27-06-2025 2/3 of 2023 registered for the offence punishable under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code.

4. It is said that the petitioner and co-accused have illegally withdrawn an amount of Rs.17,86,574/- from S.N.A. accounts of 29 schools.

5. It has been submitted by learned counsel for the petitioner that the entire defalcated amount of Rs.17,86,574/- has been deposited by the petitioner

6. In view of the aforesaid submission of learned counsel for the petitioner, this bail application is disposed of with a direction to the Magistrate concerned to verify the submission of the petitioner that he has deposited the entire defalcated amount of Rs.17,86,574/-. If the petitioner is able to satisfy the Court below about the deposit of the aforesaid amount then he will be released on bail. If the petitioner is not able to satisfy the Court below then he shall not be released on bail.

5. It has been submitted by the learned counsel for the petitioner that the bail bond of the petitioner was not accepted by the learned Trial Court because the entire amount of Rs.17,86,574/- was not deposited by the petitioner or any other accused.

6. Now, it has been submitted by learned counsel for the petitioner that the amount of Rs.17,86,574/- has been deposited by the Head Master of the school.

7. In these circumstances, this application is disposed of with the direction to the Trial Court to verify the aforesaid statement from the Head Master of the school and if the amount of Rs.17,86,574/- is found to have

Patna High Court CR. MISC. No.4036 of 2025(3) dt.27-06-2025 3/3 been deposited, then the petitioner shall be released on bail after furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi/concerned Court below in connection with Suppi P.S. Case No. 263 of 2023.

8. If the statement of the petitioner is found false again, his bail bonds shall not be accepted.

(Sandeep Kumar, J) anand/- U T