Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27480 of 2024 Arising Out of PS. Case No.-505 Year-2022 Thana- BUXAR District- Buxar ====================================================== Mukesh Kumar Singh Son Of Verma Prasad Singh Resident Of VillageGhatarain Ps- Madanpur, Dist- Aurangabad, Govt. Colony Buxar, Ps- Buxar Town, Dist- Buxar At P/A- Flat No. 201, Singh Mansion, Chini Mill, PsBuxar Town, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Soni Shriwastava, Adv.
Mr. Mohit Shriwastava, Adv.
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 420, 409, 467, 468, 471, 472, 34 of the Indian Penal Code.
3. Allegedly, the petitioner, the then cashier has made payment of Rs.13,50,225/- instead of Rs.1,35,025/- to one Shashi Devi through bank advice by R.T.G.S. as compensation amount of her land. Due to such deceitful act of the petitioner and other co-accused, caused loss of Rs.12,15,230/- to Government exchequer. At first, it was said to be a clerical mistake from the part of the petitioner but later on the informant
Patna High Court CR. MISC. No.27480 of 2024(8) dt.18-10-2024 2/3 got information that the said payment was made in connivance of all the accused persons including the petitioner.
4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. She submits that charges have been framed against the petitioner. She further submits that the petitioner has no role in the present case as the cheque was signed by the present D.L.A.O. and transferred through R.T.G.S. in the account of Shashi Devi. Due to mistake, Rs.13,50,225/- has been sent inadvertently to Shashi Devi in place of Rs.1,35,025/-. The petitioner had to pay Rs.20 crore money in one day and due to such pressure extra money has been transferred to Shashi Devi. The petitioner has no criminal antecedent and has been languishing in custody since 16.02.2024.
5. Learned APP for the State opposed the bail petition.
6. Considering the facts aforesaid and the fact that charges have been framed against the petitioner, the above
Patna High Court CR. MISC. No.27480 of 2024(8) dt.18-10-2024 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Buxar Town P.S. Case No. 505 of 2022.
7. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(Anjani Kumar Sharan, J) anand/- U T