Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24489 of 2024 Arising Out of PS. Case No.-896 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Santosh Kumar S/o Saukhi Lal R/o vill - Kolhnuwa, P.S. - Kalayanpur, Distt. - Bhabhua (Kaimur) at present Superintendent (Contract Basis) (B.S.R.T.C), Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406/420/409 of the Indian Penal Code.

3. It is alleged that this petitioner, who is Superintendent (Contract), in association with co-accused Rajiv Raj (Cashier), misappropriated Rs. 4,00,140/- of the Bihar State Road Transport Corporation.

4. Learned counsel for the petitioner submits that allegation levelled against petitioner is completely false and fabricated. Petitioner is the Superintendent and he was not entrusted with the work of making entry in the cash movement,

Patna High Court CR. MISC. No.24489 of 2024(2) dt.13-05-2024 2/3 rather the co-accused Rajiv Raj, who is cashier, is responsible for the same. Petitioner has not misappropriated any amount of the Corporation and bears clean antecedent. However, lastly he submits that petitioner is ready to refund half of the alleged amount i.e. Rs. 2,00,000/- (Rupees two lacs) in easy installments.

4. Considering the aforesaid facts and circumstances, let the above-named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 896 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 1,00,000/- (one lacs) in the Nazarat of Civil Court, Aurangabad, (B) Rest amount i.e. Rs. 1,00,000/- (one lac) shall be deposited in the Nazarat of Civil Court, Aurangabad in two equal installments of Rs. 50,000/- (fifty thousand) within a period of twelve months from the date of furnishing bail-bond.

Patna High Court CR. MISC. No.24489 of 2024(2) dt.13-05-2024 3/3 (C) The aforesaid payment shall be subject to final outcome of the case.

(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."

(Prabhat Kumar Singh, J) anay U T