Sitaram Prasad @ Shri Sitaram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47630 of 2023 Arising Out of PS. Case No.-228 Year-2015 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Sitaram Prasad @ Shri Sitaram Prasad S/O Late Multan Prasad Kharwar R/O Village- Hata, Ps. Chainpur, Dist. Kaimur At Bhabua ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parwej Khan, Advocate For the State :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.
2. The petitioner seeks bail in connection with Chainpur P.S. Case No. 228 of 2015 registered for the offence punishable under Sections 409, 419 and 420 of the Indian Penal Code.
3. The allegation against the petitioner is that while he was posted as Sub Postmaster at Chainpur Sub-post office from the year 2013, there was illegal withdrawal of Rs. 32 lakhs from the MANREGA account.
4. It has been submitted by learned counsel for the petitioner that out of the total defalcated amount of Rs. 32 lakhs, the petitioner has deposited Rs. 19,26,314/. He further submits that Rs. 5,29,891/- has been deposited by the Department and
Patna High Court CR. MISC. No.47630 of 2023(6) dt.01-11-2023 2/2 the petitioner is ready to deposit the balance amount of Rs. 4,66,891/- within six months after his provisional release from custody as the petitioner is in jail since 07.07.2022.
5. Considering the aforesaid, this application is allowed.
6. The petitioner, above named, is directed to be released on provisional bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Kaimur at Bhabua in connection with Chainpur P.S. Case No. 228 of 2015.
7. The petitioner will remain on provisional bail for six months and during the next six months, he will deposit the balance amount of Rs. 4,66,891/-. The deposits are without accepting his guilt.
8. In case, the petitioner fails to deposit the amount of Rs. 4,66,891/-, the provisional bail granted to the petitioner shall be cancelled.
(Sandeep Kumar, J) P. Kumar U T