Patna High CourtCR. MISC./30425/2020allowed

Kamlesh Kumar v. The State Of Bihar

2021-02-19Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30425 of 2020 Arising Out of PS. Case No.-237 Year-2019 Thana- BELAGANJ District- Gaya ============================================== KAMLESH KUMAR S/o Yatan Yadav R/o Vill.-Barahiya, P.S.-Manikpur (Kurtha), Distt.-Arwal (Bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 19-02-2021 Heard Mr. Dhaneshwar Prasad Gupta, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Belaganj P.S. Case No. 237 of 2019 dated 7.7.2019 (G.R. No. 3565/19) instituted for the offences under Sections 409 and 420 of the Indian Penal Code.

The petitioner is alleged to have misappropriated the Government money by not disbursing the allotment which was made sometimes in the year 2018.

The aforesaid allegation is disputed by the

Patna High Court CR. MISC. No.30425 of 2020(3) dt.19-02-2021 2/2 petitioner. It has been submitted that an inquiry was conducted with respect to the aforesaid embezzlement and the inquiry report does not saddle the petitioner with the aforesaid charge This Court while hearing this petition in the first instance on 18.12.2020 noted the submission advanced on behalf of the petitioner that there is a huge dichotomy between the amount which is said to have been defalcated and the amount which does not find mention in the accounts. Considering this aspect of the matter, the petitioner was released on provisional bail.

After having heard the learned counsel for the parties and perusing the investigation papers, the provisional bail of the petitioner is made absolute. The petitioner shall remain on the same bail bonds.

The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T