Dhananjay Kumar Dhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40952 of 2020 Arising Out of PS. Case No.-420 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Dhananjay Kumar Dhiraj Son of Sri Janardan Thakur Resident of VillageKhabra, P.S.- Muzaffarpur Sadar, District- Muzaffarpur, the then Clerk, Primary Health Centre, Saraiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Saraiya P.S. Case no. 420 of 2017 registered under sections 406, 420, 409, 467, 468 and 471 of the Indian Penal Code.

As per allegation in the F.I.R., the petitioner by pasting his photograph and by forgery of signature appointed himself as Treasury messenger, and it is stated that he deposited a sum of Rs. 4.77 lacs which was passed by the Treasury at Muzaffarpur on 26.9.2017.

It is submitted by learned counsel for the petitioner that even from the prosecution case the bill no.102/17-18 for Rs.

Patna High Court CR. MISC. No.40952 of 2020(4) dt.12-04-2021 2/2 4.77 lacs was presented to the treasury on 25.9.2017 and was passed on the next day. So far as the petitioner is concerned, he was posted on 28.7.2017 and had handed over charge on 28.8.2017 itself. The allegation against the petitioner of having pasted his photograph in the register are false and concocted. He has no criminal antecedent and is in custody since 14.7.2020. Charge sheeet has been submitted in the case. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the period in custody which is of over nine months, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Saraiya P.S. Case no. 420 of 2017 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- 1st (W), Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U T