Navin Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14661 of 2022 Arising Out of PS. Case No.-594 Year-2013 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Navin Kumar Sharma Son of Late Surya Narayan Sharma, Resident of Village - Meha, P.O. - Dandari, P.S. - Ballia, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2022 Learned counsel for the petitioner submits that due to inadvertence, the date of custody has been wrongly typed as 22.06.2021 instead of 29.12.2020. He seeks permission to correct the same.

Permission guaranteed.

He is directed to correct the same in course of the day. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Town P. S. Case No. 594 of 2013 lodged under Sections 467, 468, 471, 420, 406, 409, 353 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner became escape goat in this case. He was merely a

Patna High Court CR. MISC. No.14661 of 2022(5) dt.05-09-2022 2/3 clerk and had followed the instructions of his superiors i.e. District Programme Officer. He further submits that operation of that bank account of Government shall always be open with the signature of two persons. He further submits that without signature of two persons, no amount can be withdrawn either cash or account payee. He admits that out of Rs.1,57,07,000/- only account payee amount has transferred to his account. Learned counsel for the petitioner further submits that till date his signature has not been verified by the I.O. with a view to check that really from his signature, the alleged forged account has been open or cash has been withdrawal or money has been transferred. He further submits that petitioner is in custody since 29.12.2020 and charge sheet has already been filed in this case. He further submits that the antecedent of the petitioner is clean. He further submits that petitioner has already been dismissed from his service.

Learned counsel for the State opposes the prayer for bail and submits that from the F.I.R. itself it is admitted that Rs.42,00,000/- has been directly transferred to the account of the present petitioner and for which he has no explanation at all. In the present facts and circumstances, this Court has offered to the petitioner to make payment at least the said

Patna High Court CR. MISC. No.14661 of 2022(5) dt.05-09-2022 3/3 amount at present which he has received in his account but counsel for the petitioner has shown inability to fulfill this proposal. In this regard, let the bail application of the petitioner is hereby rejected.

The Court below is directed to expedite the trial of the petitioner.

(Dr. Anshuman, J.) ravishankar/- U T