Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25877 of 2025 Arising Out of PS. Case No.-19 Year-2024 Thana- SIKTA District- West Champaran ====================================================== Rupesh Kumar S/o Indal Sahni R/o Village- Ujjain, Police station- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Sikta P.S. Case No. 19 of 2024, dated 07.03.2024, registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

3. The FIR has been lodged on the written report of one Harihar Kumar, Branch Manager of Bharat Finance Inclusion Limited at Sikta Branch. As per allegation, the accused-petitioner was employee of the bank and he was entrusted with the duty to collect loan repayment installments and on 06.03.2024, the petitioner has not deposited the total collected amount of Rs. 1,19,346/-

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25877 of 2025(2) dt.07-05-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact, on the alleged date of occurrence, there was no collection at all made by the petitioner and hence, there was no question of depositing any amount in the bank. He further submits that the whole case is based on suspicion.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Sikta P.S. Case No. 19 of 2024, subject to the conditions as

Patna High Court CR. MISC. No.25877 of 2025(2) dt.07-05-2025 3/3 laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T