Mukesh Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53924 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== Mukesh Kumar Sinha Son Of Late Bindeshwari Prasad Sinha Resident Of Village/Mohallah,- Dharamsamaj, P.O.- Motihari (Town), P.S.- Chhatauni, District- East Champaran At Motihari (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 467, 468, 406, 420, 34 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that due to administrative reason the petitioner was suspended on 13.06.2015 later on the suspension was

Patna High Court CR. MISC. No.53924 of 2021(4) dt.07-11-2022 2/3 revoked by the Central Cooperative Bank on 16.07.2015 itself. He further submits that petitioner and his family members were made accused in the present case by the order dated 02.08.2020. He submits that similarly situated co-accused wife of the petitioner (Sabita Rani) has already been granted bail by a Coordinate Bench of this Court vide order dated 02.08.2022 passed in Cr. Misc. No. 12145 of 2021 and another co-accused Rupesh Kumar has also been granted bail by the learned Court below itself. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that petitioner has transferred the said amount to his wife and other family member.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has already been granted bail and the said Bank has not initiated any departmental inquiry against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.53924 of 2021(4) dt.07-11-2022 3/3 case is pending/successor court in connection with Chhatauni P.S. Case No. 107 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T