Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25033 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== BADAL KUMAR Son of Anil Sharma @ Anil Kumar Sharma Resident of Newalal Chowk, Maghi Colony, P.S. Khazanchi (K.Hat), District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Kotwali (Tilkamanjhi) P.S. Case No.40 of 2020, registered for the offence punishable under Sections 408/420 of the Indian Penal Code.

The allegation against the petitioner is that he being the field staff in the R.B.L, Bhagalpur Branch is absent from the office with collection of Rs.2,96,455/- from the 96 lonee without any information. Office sent a legal notice to the

Patna High Court CR. MISC. No.25033 of 2021(5) dt.31-01-2022 2/3 petitioner, but he neither replied nor deposited the amount defalcated.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. However, petitioner is agreed to deposit the entire amount of Rs.2,96,455/- in four installments in the learned Court below.

Having regard to the facts and circumstances of the case, since the petitioner is agreeing to deposit the defalcated amount, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kotwali (Tilkamanjhi) P.S. Case No.40 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, petitioner is directed to deposit the first installment of Rs.50,000/- (Rupees Fifty Thousand) in the Nazarat of the Civil court, Bhagalpur before furnishing the bail

Patna High Court CR. MISC. No.25033 of 2021(5) dt.31-01-2022 3/3 bond. The bail bond of the petitioner shall be accepted by the Court below after showing the receipt of deposit of Rs.50,000/- (Rupees Fifty Thousand) in the Nazarat.

The petitioner is directed to deposit the rest amount in three installments within a period of six months from today and in the event of failure to deposit the rest amount, the Court below shall cancel the bail bond of the petitioner. After receipt of the entire amount of Rs.2,96,455/-, the court below shall transfer this amount in the bank account of R.B. LFINSERVE Pvt. Limited, Bhagalpur Branch. (Anjani Kumar Sharan, J) pallavi/- U T