Dharmendra Kumar Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21847 of 2023 Arising Out of PS. Case No.-891 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Dharmendra Kumar Verma (Assistant), male aged about 36 years S/O Krishna Prasad, Resident Of Village- Shripur, Post And P.S.- Ghosi, DistrictJehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Sushma Kumari, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-06-2023 Heard Mrs. Sushma Kumari, learned counsel appearing on behalf of the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Makhdumpur P.S. Case No. 891 of 2022 registered for the offence punishable under Sections 406 and 420 read with Section 34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the the petitioner being assistant in the bank had committed fraud by not depositing cash amount of Rs. 10 lacs on 11.04.2022.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner had deposited the entire amount of Rs. 10 lacs on the same day alleged irregularity

Patna High Court CR. MISC. No.21847 of 2023(2) dt.24-06-2023 2/3 committed and in that respect he has made a specific statement in paragraph no. 6 that no fraud has been committed by the petitioner. FIR was lodged after lapse of eight months. If any irregularity has been committed by the petitioner, the authorities of the bank instead of taking disciplinary action against the petitioner for such irregularity must not have resorted to file FIR. On these grounds, petitioner seeks to be released on prearrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation and the fact that petitioner had deposited the entire amount same day which has been alleged to have been not deposited in terms of the bank's regulation, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four 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 learned Additional Chief Judicial Magistrate-IV, Jehanabad in connection with Makhdumpur P.S. Case No. 891

Patna High Court CR. MISC. No.21847 of 2023(2) dt.24-06-2023 3/3 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Niraj/Nilmani U T