Bipin Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44955 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== BIPIN PANDEY Son of Late Baidnath Pandey Resident of Village- Manjhaul, P.S.- Bihra, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Salkhua P. S. Case No. 37 of 2019 instituted for the offence under Section(s) 409 and 420 of the Indian Penal Code.

It is alleged in the written report that during inspection of Salkhua Bazar post office where the petitioner was posted as sub Post Master, deficiency of Rs. 18,19,772/- was found. Petitioner denied to have defalcated the government money.

Learned counsel for petitioner submits that petitioner admitted that he has spent the aforesaid amount in marriage

Patna High Court CR. MISC. No.44955 of 2019(2) dt.24-07-2019 2/3 of his daughter. It is also mentioned in the written report that an amount of Rs. 10,00,000/- has been deposited by the petitioner. and remaining amount has not been deposited. Learned counsel for petitioner further submits that he is ready to deposit the remaining amount in installment.

Petitioner is in custody since 31.5.2019 having no criminal antecedent.

In such circumstances, petitioner is directed to deposit 40% of the remaining amount and produce valid receipt at the time of furnishing bail bond and in that event petitioner, above named, shall be released on provisional bail for a period of three months on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Saharsa, in connection with Salkhua P. S. Case No. 37 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner. It is made clear that after release from custody petitioner will deposit the remaining amount within a period of three months and thereafter the provisional bail of the petitioner shall be confirmed by the trial Court. In the event the petitioner defaults in making deposit of the amount as ordered above within the aforesaid period, his bail bond shall be cancelled.

Patna High Court CR. MISC. No.44955 of 2019(2) dt.24-07-2019 3/3 The bail application stands disposed off.

(Sanjay Priya, J) shyambihari/- U T