Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14370 of 2025 Arising Out of PS. Case No.-101 Year-2017 Thana- BANKA District- Banka ====================================================== Mithilesh Kumar Son of Bajrangi Kumar Das R/o Village - Manjhgaon, P.S.- Sangrampur, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 468, 467 and 471 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of embezzlement of government fund, which was provided under the scheme of Indira Awas Yojna. Entire amount of Scheme was deposited in Vijaya Bank, (Banka Branch) for the beneficiaries Yasoda Devi. Further it is stated that B.D.O. Banka, informed the Branch Manager, Vijaya Bank to freeze the entire amount of beneficiary Yasoda Devi, because during investigation, she was found a fake lady who had opened her account in the bank by producing fake voter I.D. Card. It is further alleged that before

Patna High Court CR. MISC. No.14370 of 2025(2) dt.03-03-2025 2/3 completion of investigation, Yasoda Devi had already withdrawn total Rs. 84,200/- . Allegedly, on recommendation of this petitioner (petitioner is Housing Assistant), Yasoda Devi has withdrawn only Rs. 14,500/- on 16.02.2015 from the Vijaya Bank.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to local politics. Specific allegation of cheating is against beneficiary Yasoda Devi, who has deposited fake voter I.D to get the benefit of Indira Awas Yojna. It is further submitted that beneficiary Yasoda Devi deposited Rs. 70,000/- with 12% interest to the Vijaya Bank, this fact is also mentioned in the impugned order dt. 10.02.2025. Petitioner has got no criminal history and he is languishing in judicial custody since 21.01.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.14370 of 2025(2) dt.03-03-2025 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 101 of 2017.

(S. B. Pd. Singh, J) sushma/- U