Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50307 of 2024 Arising Out of PS. Case No.-217 Year-2022 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1.
Jitendra Kumar S/O Late Ramnath Rawat R/O Vill - Sadiha, P.S. - Bhagwanpur Hat, Dist - Siwan 2.
Md. Samiullah S/O Md. Abbas R/O Vill - Ratan Padauli, P.S. - Bhagwanpur Hat, Distt. - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Prakash Singh For the Opposite Party/s :
Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 409, 34 of the Indian Penal Code. .
3. Earlier vide order date 19.04.2025, one week time had been given as a last indulgence to the learned counsel for the State to bring on record the fact as to whether the withdrawn money has been returned by the petitioner or not. On perusal of the supplementary affidavit filed by the petitioners, it would appear from paragraph-3 that the petitioners have returned the withdrawn amount i.e. Rs. 1,92,150/- to the informant.
4. Mr. Madan Kumar, learned APP for the State
Patna High Court CR. MISC. No.50307 of 2024(10) dt.01-05-2025 2/2 has filed a counter affidavit. From perusal of para-5 of the said affidavit, it would be evident that out of the total defalcated amount of Rs. 1,92,150/-, an amount of Rs. 75,150/- was paid in terms of the salary of the teachers and employees and the remaining Rs. 1,17,000/- was deposited by the accused persons.
5. In such view of the matter, taking into account the fact that the matter related to money transaction and the same has been deposited, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhagwanpur Hat P.S. Case No. 217 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Soni Shrivastava, J) devendra/- U T