Patna High CourtCR. MISC./40199/2020disposed

Rajesh Kumar v. The State Of Bihar

2021-06-16Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40199 of 2020 Arising Out of PS. Case No.-210 Year-2020 Thana- BANKA District- Banka ====================================================== RAJESH KUMAR S/O RAVINDRA PRASAD YADAV RESIDENT OF NEW COLONY MARUFCHAK, GUDARGANJ AMBAI, POLICE STATION MOJAHIDPUR, DISTRICT BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-06-2021 Heard Mr. Ajay Mukherjee, learned advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Banka P.S. Case No. 210 of 2020 (G.R. No. 720 of 2020), instituted for the offences under Sections 406, 409 and 420 of the Indian Penal Code. The accusation against the petitioner is that he used his knowledge of computers for defalcating Rs. Seventy Eight Lakhs in his capacity as Postal Assistant. Learned counsel for the petitioner has submitted that during the period when this offence was committed, the petitioner was under suspension and that the amount in

Patna High Court CR. MISC. No.40199 of 2020(2) dt.16-06-2021 2/2 question has already been returned by him and others. These grounds do not weigh with this court for exercise of discretion for grant of anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, the court below shall take into account the fact that the petitioner was under suspension during the period of offence and that the money has been deposited by the petitioner and others under protest and shall pass orders in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

The application stands disposed of.

(Ashutosh Kumar, J) sunilkumar/- U T