Yashvant Kumar Thakur @ Yashwant Kumar Thakur @ Yashwant Kumar @ Yaswant v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33199 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Yashvant Kumar Thakur @ Yashwant Kumar Thakur @ Yashwant Kumar @ Yaswant S/o- Gauri Shankar Thakur Resident of village- Sirhulli Kothia, P.S.- Kamtaul, District- Dharbhanga..
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Mishra For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-05-2025 Heard the parties
2. The petitioner is not named in the F.I.R. and apprehending his arrest in connection with Bajpatti P.S. Case No. 185 of 2024 registered for the offences punishable under Sections 409, 420, 467, 468, 470, 471, 120(B), 34 of the Indian Penal Code.
3. As per FIR, all accused persons named in FIR deposited customers money in their personal account and upon the basis of different complaint petitions a primary inquiry was conducted where it was found that all accused persons including petitioner misappropriated Rs.
Patna High Court CR. MISC. No.33199 of 2025(2) dt.20-05-2025 2/3 16,25,500/- in total with further allegation that one Sangeeta Singh, Gopal Jha and Indrajit Kumar have misused their respective positions as staff members of the postal department, Bajpatti P.O. and found guilty of misconduct and misappropriations.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner was not named in FIR and his name transpired during the course of investigation. It is submitted that as per FIR, the R.D. account opened between year 2018 to 2020 in aforesaid post office through MPKBY agent, Sangeeta Singh and other employees of the post office. The petitioner was appointed only on 11.07.2022 as postal assistant having no role in persuasion for opening of account in aforesaid post office and therefore, he cannot be said responsible for the aforesaid mentioned defalcation. It is submitted that the specific allegation is available against co-accused namely, Gopal Jha as in his tenure several accounts as alleged were opened.
Patna High Court CR. MISC. No.33199 of 2025(2) dt.20-05-2025 3/3
5. Learned APP, opposed the prayer of bail.
6. Considering the aforesaid facts and circumstances and by taking note of fact as prima-facie involvement of petitioner appears doubtful because he was not posted on the relevant point of time as he joined service on 11.07.2022 only, accordingly petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks of this order, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Pupri at Sitamarhi/concerned Court, where the case is pending in connection with Bajpatti P.S. Case No. 185 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T