Patna High CourtCR. MISC./39735/2018disposal with observation

Parmanand Singh v. The State Of Bihar

2018-10-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39735 of 2018 Arising Out of PS.Case No. -348 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Parmanand Singh S/o Sri Rameshwar Singh, R/o Vill.- Dyalpur, P.O.- Sangita Baitha, Bhayakahalgaon, P.S.- Antichak, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. For the Opposite Party/s : Mr. Rajendra Prasad Natt. For the Union of India : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-10-2018 Heard the parties.

This application is for grant of regular bail in connection with Kahalgaon (Ghogha) P.S.Case No.348 of 2017 (G.R.No.2981 of 2017) dated 1.7.2017 for the offences under Sections 409, 419, 420/34 of the Indian Penal Code. Allegation against the petitioner as per FIR is of misappropriating Rs.34,12,811/- from the account of Post Office and the petitioner is the Sub-Post Master. The petitioner along with one Uma Shankar had misappropriated the amount and against this petitioner there is allegation that he withdrew Rs.11,83,000/- from two accounts.

Submission of the learned counsel for the petitioner is that no enquiry was made and he has been falsely implicated in this case. He is a government servant and he is in custody since

Patna High Court Cr.Misc. No.39735 of 2018 (5) dt.01-10-2018 2/2 3.4.2018.

Heard learned A.P.P. and the learned counsel for the Union of India. They have opposed the prayer for bail stating that the materials clearly shows that the amounts were withdrawn by this petitioner and the accounts holder have stated that they have not given any application for withdrawal of the amount. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, if the petitioner is ready to deposit whole amount in installments and as the first installment he will deposit of Rs.05 lac within a period of six weeks from the date of receipt of the order, he shall be released on provisional bail in connection with Kahalgaon (Ghogha) P.S.case No.348 of 2017 (G.R.No.2981 of 2017) dated 1.7.2017 to the satisfaction of the CJM, Bhagalpur with condition that he has to deposit rest of the amount within a period of next three months and if so deposited, his bail bond shall be confirmed, otherwise the same may be cancelled..

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- S T