Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41711 of 2019 Arising Out of PS. Case No.-1488 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== RAJESH KUMAR, aged about 49 years, male, Son of Sri Lal Mohar Prasad Resident of Ranjan Path, Gola Road (Bailey Road), P.S.-Rupaspur, DistrictPatna. At present Banch Manager, LIC of India Branch Siwan, P.S and District-Siwan ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Raj Dular Sah, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 465, 467, 468, 471, 472, 506, 509 & 120(B) of the Indian Penal Code registered in connection with Sasaram (T) P.S. Case No. 1488 of 2017.
3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the Branch Manager of the Sasaram Branch of LIC where seven policies had been fraudulently surrendered and encashed through fake bank account by LIC agent Sri Bhagwan Singh. It is submitted that the subject encashements have been made between the period 2004 and 2014 whereas the petitioner was posted at the said LIC Branch thereafter on 21.05.2015 and remained there upto 18.06.2018, which period fell after the sanction of loan or surrender of policies. It is therefore submitted that the petitioner had no role to play in the entire occurrence. It is submitted that the said co-accused Sri Bhagwan Singh has by letter dated 07.03.2017 (Annexure-5) accepted his guilt with respect to the
Patna High Court CR. MISC. No.41711 of 2019(2) dt.08-07-2019 2/2 defalcation and has undertaken to collect and deposit the renewal premium of policies and set off the defalcated money against commission. It is further stated that the agency of coaccused Sri Bhagwan Singh has since been terminated. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram Nagar P.S. Case No. 1488 of 2017, subject to the conditions as laid down under Section 438
(2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
Ibrar//- (Vikash Jain, J) U T