Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32270 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- DEV District- Aurangabad ====================================================== Praveen Kumar son of Maheshwar Singh MOHALLA- NEW AREA WARD NO 5 PS -AURANGABAD (T) DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-05-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 420, 34 of the Indian Penal Code.

3. As per the prosecution case, informant deposited Rs.13,000/- and 40,000/- in Cooperative Bank, Deo and received Pawati receipt but passbook is not updated by the cashier on the pretext that printer is not functioning properly. It is further submitted that the deposit of Rs.13,000/- credited in the account of the informant but Rs.40,000/- was not credited .

4. Learned counsel for the petitioner submits that F.I.R. has been lodged after a lapse of 1 year 3 months from his earlier application before the D.M., Aurangabad. It is further submitted that prior to filing of the present case and even prior

Patna High Court CR. MISC. No.32270 of 2024(2) dt.21-05-2024 2/3 to complain filed by the informant before the D.M., Aurangabd, petitioner has lodged Deo P.S. Case No.56 of 2021 against the cashier Upendra Kumar and the police after investigation found the case true and charge-sheet has been submitted only against the cashier. The present case is result of afterthought. Petitioner claims clean antecedent.

5. However, without admitting the guilt, the petitioner is ready to deposit Rs.15,000/- cash in the Nazarat of the concerned Civil Court at the time of furnishing bail bond.

6. Learned A.P.P. for the State has opposed the bail petition.

7. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest or 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 Deo P.S. Case No. 25 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to the further condition that the petitioner shall deposit Rs.15,000/- cash in the Nazarat of the concerned Civil Court at the time of furnishing bail bond.

Patna High Court CR. MISC. No.32270 of 2024(2) dt.21-05-2024 3/3

8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of granting of bail.

(Prabhat Kumar Singh, J) sanjeev/- U T