Shivanand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52523 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SHIVANAND S/O SRI SONELAL BAITHA Resident of mohalla- Baudh Bihar Colony, East of Bhootnath road, Housing Colony, Naya Tola Kumhrar, P.S- Agamkuan, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr.Vaishnavi Singh, Adv.
Mr. Ritwik Thakur, Adv.
For the State :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Brahampura P.S. Case No. 221 of 2023 registered for the offence punishable under Sections-420, 409/34 of the Indian Penal Code.
3. Allegedly, the petitioner being the Deputy General Manager, PIU, Muzaffarpur (now suspended) has committed some irregularities during his tenure including transfer of money of the Corporation in the Bank account of his family members and himself. Further allegation is that the petitioner opened a fixed deposit without permission of the appropriate authority amounting to Rs. 13,43,00,000/- in Utkarsh Small Finance Bank
Patna High Court CR. MISC. No.52523 of 2024(3) dt.01-10-2024 2/2 in the name of PIU, Muzaffarpur.
4. Learned counsel for the petitioner has submitted that the petitioner has deposited the entire principal amount which has been mentioned in the FIR and he has been remained in custody since 17-03-2024.
5. Learned counsel for the State submits that the petitioner has defalcated the government money.
6. Considering the fact that the entire principal amount has been refunded to the account of the informant (Bihar State Building Construction Corporation Ltd.) and the petitioner is in custody since 17-03-2024, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Muzaffarpur (East) in connection with Brahampura P.S. Case No. 221 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.
(Nawneet Kumar Pandey, J) A.K.V.//- U T