Benjamin Soren v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48675 of 2023 Arising Out of PS. Case No.-186 Year-2013 Thana- BIHAR District- Nalanda ====================================================== BENJAMIN SOREN Son of Babu Lal Soren Resident of village - Daldali, P.S. - Muffasil, Distt. - Godda ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sushil Kumar Jha For the Opposite Party/s :
Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The present case has been instituted for the offence punishable under Sections 409/420 of the Indian Penal Code.
3. As per prosecution case in brief is that while the petitioner was working as IInd Class Clerk, in account section in the office of the Police Headquarter, Nalanda, he committed cheating and misappropriation of the public property by way of getting the amount of Sixth Pay Commission worth Rs. 82,148/- related to one retired employee Sachidanand Singh transferred in his S.B.I. account for malicious intention. It was further alleged against the petitioner that amount of Sixth Pay Commission related to some other retired employees were also transferred by him in his S.B.I. account no. 11057540317, S.B.I.
Patna High Court CR. MISC. No.48675 of 2023(4) dt.31-08-2023 2/3 account no. 30732117613 and S.B.I. no. 31746246640 of one Simon Petermin by misusing his post. It is further allegation against the petitioner is that he misappropriated total amount of Rs. 6 lakh (approx) of the Government fund.
4. It is submitted by learned counsel for the petitioner that petitioner is ready to return an amount of Rs. Six lakh (Rs. 6,00,000/-) in the official account of S.P., Nalanda.
5. Learned counsel for the petitioner further submitted that the petitioner will deposit Rs. 1 lakh (1,00,000/-) in the official account of S.P., Nalanda, within one week after releasing on Provisional bail.
6. The rest amount i.e., Rs. Rs. 5,00,000/- (Five Lakh) will be deposited by the petitioner in the official account of S.P., Nalanda in four equal installments in every consecutive months and each installment will be of Rs. 1,25, 000/- (One lakh and twenty five thousand).
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on provisional bail. The above named petitioner is directed to be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like
Patna High Court CR. MISC. No.48675 of 2023(4) dt.31-08-2023 3/3 amount each to the satisfaction of the learned Court below in connection with Bihar P.S. Case No. 186 of 2013.
8. This application stands disposed off, with a direction to the trial Court to confirm the provisional bail granted to the petitioner only after ensuring that the petitioner has deposited the entire amount i.e. Rs. 6 lakh, which was agreed by him before this Court.
9. The aforesaid payment will be the subject to final adjudication.
(Sunil Kumar Panwar, J) arish/- U