Patna High CourtCR. MISC./14696/2024bail granted

Rajendra Jha v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14696 of 2024 Arising Out of PS. Case No.-259 Year-2019 Thana- KARPI District- Jehanabad ====================================================== RAJENDRA JHA S/O LATE NARAYAN JHA R/O VILLAGE- MOHAN PALI, P.S- KHAJAULI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Karpi P.S. case No. 259 of 2019 instituted for the offences under Sections 409 and 420 of the Indian Penal Code.

3. Prosecution case, in short, is that this petitioner, who was appointed as Asstt. Manager (Contract Basis) in Arwal district has defalcated a huge amount of rupees one crore and fifty two lacs.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case due to local politics. The allegation against the petitioner is false and concocted. Learned counsel further submitted that there is no

Patna High Court CR. MISC. No.14696 of 2024(2) dt.11-03-2024 2/3 specific allegation against the petitioner rather there is general and vague allegation. Learned counsel further submitted that petitioner earlier moved for the anticipatory bail but the same was rejected with the direction to the petitioner to surrender before the learned Court below within six weeks from the date of the order and seek regular bail. It was further observed by the Hon'ble Court that the learned court below would pass order in accordance with law considering the fact that no material has been found against the petitioner in the case diary. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Karpi P.S. case No. 259 of 2019, subject to the following conditions:

Patna High Court CR. MISC. No.14696 of 2024(2) dt.11-03-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T