Narendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17409 of 2025 Arising Out of PS. Case No.-525 Year-2024 Thana- GHOSI District- Jehanabad ====================================================== 1.

Narendra Sharma Son of Late Yadunandan Sharma, President, Vishunpur Okari PACS 2.

Kundan Kumar Son of Davendra Kumar PACS Manager, Vishunpur Okari PACS.

Both Resident of Village- Okari, P.S.- Okari O.P. (Ghoshi), Distt.- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Registrar, Cooperation Committees, Bihar, Patna Bihar 3.

Rakesh Kumar Cooperative Extension Officer, Modanganj, Dist - Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-07-2025 Heard Mr.Manoj Kumar, learned counsel for the petitioners and Mr.Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Ghosi P.S.Case No.525 of 2024, FIR dated 19.10.2024 registered for the offences punishable under Sections 316(3),316(5),305(e) of the B.N.S. Act but due to typographical mistake mentioned in the impugned order under Sections 316(3),316(5) and 305(c) B.N.S.

3. Allegation against the petitioners is of defalcating the amount of Rs.48,17,194/- of PACS being the President and

2/4 Manager of Bishunpur Okri PACS.

4. Learned APP for the State informs this Court that he has received the instruction from the District Cooperative Officer, Jehanabad. As per information given by the District Cooperative Officer, Jehanabad, the total dues against the petitioners to a tune of Rs.52,89,733.51/-(Rs.Fifty Two Lacs Eighty Nine Thousand Seven Hundred Thirty Three and Fifty One Paise).

5. Learned counsel for the petitioners, on instruction, fairly submits that the petitioners are ready to deposit the aforesaid amount within a period of one year.

6. Learned APP for the State submits that petitioner No.1 carries one more cases other than the present one and petitioner No.2 has clean antecedent.

7. Considering the aforesaid facts, let the petitioners, above named, in the event of their 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.10,000 (Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi P.S.Case No.525 of 2024, subject to the conditions as laid down under

3/4 Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS,2023 and with other following conditions:- (I) At the time of furnishing bail bond, the petitioners shall deposit Rs. 20,00000/- by way of demand draft in favour of Okari Vishunpur PACS and the learned court below is directed to hand over the said demand draft to Okari Vishunpur PACS or his representative and the rest amount shall be paid within a period of eleven months in eleven equal installments. If the petitioners fail to pay the rest amount to the Okari Vishunpur PACS, the Okari Vishunpur PACS shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioners.

(II)Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below. (III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at

4/4 any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T