Krishna Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38935 of 2020 Arising Out of PS. Case No.-260 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== KRISHNA MURARI, Son of Late Nageshwar Ojha Resident of VillageKhabra, P.S.- Sadar, Distt- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. A.K. Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 22.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Nagar P.S. Case No. 260 of 2020, registered under Sections 409 and 420/34 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Muzaffarpur. The accusation is that petitioner being the Stamp Treasure, Muzaffarpur, head office handed over Philatelic

Patna High Court CR. MISC. No.38935 of 2020(2) dt.13-07-2021 2/2 stamps to Philatelic Postal Assistant Sanjay Kumar to sell it out from the counter in the supervision of Shashi Bhushan Tiwary, Supervisor, but, on audit, it was detected that there was no trace of stamps in value of Rs. 25,66,211.25 nor the sale amount was deposited in the treasury. As such, the aforesaid money has been misappropriated by the petitioner and others. Learned counsel appearing on behalf of petitioner submits that petitioner was not on the counter of selling the stamps and he has falsely been implicated in this case. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected.

The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.