Chandan Kumar @ Chandan Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22066 of 2024 Arising Out of PS. Case No.-760 Year-2023 Thana- JAMUI District- Jamui ====================================================== Chandan Kumar @ Chandan Kumar Sharma Son Of Ramfal Sharma Resident of Ward No. 23, Purani Bazar Jamui, P.s.-Jamui, Distt.-Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra For the Opposite Party/s :
Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 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 409 and 420 of the Indian Penal Code.
3. As per the prosecution case, this petitioner, who at the relevant time was Tax Collector, collected certain tax on fake receipts and thereafter, did not deposit the collected amount in the Nagar Parishad, Jamui.
4. Learned counsel for the petitioner submits that initially, the petitioner was appointed as Computer Operator and since then, he was discharging the duty with sincerity. Petitioner used to issue the receipts after collecting the tax amount and as such, allegation of printing duplicate receipt is absolutely false and based on only assumption. It is not the case of the informant that petitioner has not deposited the collected
Patna High Court CR. MISC. No.22066 of 2024(4) dt.23-07-2024 2/2 amount of tax and in this regard, there is no complaint from anybody against this petitioner. Learned counsel for the petitioner further submits that petitioner has already deposited the collected amount of Rs. 8,00,710/- in the account of Nagar Parishad before the institution of present F.I.R. (photocopy of Bank receipts and show cause have been annexed as Annexures 2 & 3 respectively), but due to delay in submission of showcause, instant case has been lodged against him. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner 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 C.J.M., Jamui in connection with Jamui P.S. Case No. 760 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T