Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6901 of 2023 Arising Out of PS. Case No.-743 Year-2022 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== DILIP KUMAR SINGH Son of Late Lal Babu Singh R/v- Jain, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prerit Kumar Public Relation observer 9 Jansampark Nirikshak) Head Post Office, Muzaffarpur Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bindhya Keshari Kumar, Sr. Adv.

Mr.Neeraj Kumar Alias Sanidh, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP For the UOI :

Mr.Manoj Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner, learned counsel for the UOI and learned APP for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 419, 420, 409, 467, 468, 471/34 IPC. 3.

Allegation against the petitioner is of defalcation of public money in the capacity of Assistant Postmaster of the said Post Office.

4.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the

Patna High Court CR. MISC. No.6901 of 2023(5) dt.23-08-2023 2/2 petitioner is not specific rather general and omnibus in nature. There was no criminal intention to commit the offence rather the petitioner has become victim of wrong printing and posting on computer which is just a human error and the said technical error can be rectified by the office bearers itself. It is submitted that similarly situated co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the UOI opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Town P.S. Case No.743/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T