Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11039 of 2025 Arising Out of PS. Case No.-295 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Manoj kumar S/o- Late Ram Sevak Gop Village- Dumrawa Mahugain PSWazirganj, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Rabindra Kumar Priyadarshi, Adv.
For the Opposite Party/s :
Mr. Santosh Kr. Pandey, Adv.
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2025 Heard the parties.
2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 295 of 2020 registered for the offence under Sections 406, 420 of the I.P.C.
3. The petitioner is named in the F.I.R. and is in custody since 01.11.2024.
4. The allegation against the petitioner is to cheat informant with total of Rs. 23,88,846/- while working as deputy operator in C.S.P. branch of State Bank of India where informant was the operator.
5. Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of the petitioner submitted that dispute is
Patna High Court CR. MISC. No.11039 of 2025(6) dt.07-08-2025 2/3 purely civil in nature appears qua recovery of disputed amount for which alternate remedy is available to informant. It is submitted that present criminal prosecution for such civil proceedings is completely uncalled for and unwarranted. It is pointed out that petitioner is a man of clean antecedent and was working as deputy operator with informant. It is pointed out that due to certain financial disputes the present case was lodged and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by Mr. Santosh Kr. Pandey, learned counsel appearing for informant while opposing the prayer of bail submitted that petitioner accepted his liability to pay Rs. 23,88,846/- as discussed aforesaid, the details of which is available in counter affidavit. It is pointed out that several small depositors supported the occurrence as their deposit were not credited with CSB branch and was misappropriated by this petitioner. It is submitted that petitioner withdraw amount at different point of time from SBI as per withdrawal slip.
Patna High Court CR. MISC. No.11039 of 2025(6) dt.07-08-2025 3/3
7. Taking note of aforesaid, it is submitted by Mr. Singh, that in view of acceptance informant may avail alternate remedy as suit for recovery for aforesaid amount, if so advised.
8. In view of aforesaid factual submission and by taking note of fact as dispute primarily appears civil in nature, where recovery of Rs. 23,88,846/- is in issue, coupled with fact that investigation of this case is already completed where petitioner remains in custody since 01.11.2024, accordingly petitioner above named, is directed to be released on bail in connection with Wajirganj P.S. Case No. 295 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T