Basudeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27404 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== BASUDEO RAM, Son of Late Yugeshwar Ram, Resident of Village - Jokhi, P.S. - Laukha, Distt. - Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manohar Kumar, S/O Sri Bilash Kumar Jha, Resident of village - Hemnagar, P.O. - Balua Kachahari, P.S. - Sarso, Dist. - Purnea, At present - Postal Inspector, North Sub-division, Jhanjharpur, Dist. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Union of India :

Mr. S.D. Sanjay, A.S.G.

For the Opposite Party/s :

Mr. Kanhaiya Kishore (APP100) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 409, 419, 420, 467 and 468/34 of the Indian Penal Code.

Allegation of embezzlement of money of the postoffice is against two persons, the petitioner and co-accused Ram Prit Mahto. The embezzlement is of Rs.61,94,892/- (rupees sixty one lacs ninety four thousand eight hundred ninety two). Ram Prit Mahto was allowed bail by a Coordinate Bench of this Court vide order dated 08.05.2019 passed in Cr. Misc. No. 26032 of 2019 considering the fact that he had already deposited Rs.62,00,000/- (rupees sixty-two lacs) with the post-office.

Patna High Court CR. MISC. No. 27404 of 2019(3) dt.17-05-2019 2/2 Mr. S.D. Sanjay, Additional Solicitor General for the Union of India submits that whether Ram Prit Mahto had deposited the said money requires to be verified. Considering the fact that Ram Prit Mahto has already been allowed bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Babubarahi Police Station Case No. 46 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner as well as condition that if the learned court below would be brought with the notice that defalcated amount has not been deposited by Ram Prit Mahto that would be a ground for cancellation of bail of the petitioner also.

(Birendra Kumar, J) Kundan/- U T