Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45377 of 2018 Arising Out of PS.Case No. -57 Year- 2017 Thana -BALIGAON District- VAISHALI(HAJIPUR) ====================================================== Deepak Kumar S/o Devendra Prasad Singh, R/o Branch Post Master (Put Off Duty), Vill.- Alinagar, Leodhan, P.S.- Baligaun, District- Vaishali. (At presednt R/o Vill.- Bariyarpur @ Karpur, P.S.- Piar, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 04.06.2018 in connection with Baligaun P.S. Case No. 57 of 2017 registered for the offences punishable under Sections 420/409/120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that though the allegation against the petitioner is of misappropriation of a sum of Rs. 1593689/- of Government Revenue by fraudulently transferring the same by means of 172 mobile money orders, no sooner the petitioner realized that the sum had been transferred to wrong accounts, the petitioner immediately deposited the total misappropriated amount as aforementioned in the government

Patna High Court Cr.Misc. No.45377 of 2018 (2) dt.09-08-2018 2/2 accounts on different dates.

It is thus, submitted that there was no intention of misappropriation and whatsoever, mistake has been committed by him has already been rectified. Under such circumstances, the petitioner may be extended the privilege of bail. Considering the nature of allegation and the money has already been returned which is evident from the First Information Report itself, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-XII, Hajipur, in connection with Baligaun P.S. Case No. 57 of 2017.

(Anjana Mishra, J) Saif/- U T