Pradeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22907 of 2015 Arising Out of PS.Case No. -239 Year- 2014 Thana -BANKA District- BANKA ====================================================== Pradeep Kumar Yadav Son of Late Shiv Narain Yadav resident of Dhaka More, P.S. Barahat, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Sadanand Paswan (Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-09-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 406, 409, 420 of the Indian Penal Code.

The informant, a Superintendent of Post Office, made enquiry and found that the petitioner, being an Assistant Post Master, was hand-in-glove with the accused persons in defalcating huge amount. Three persons, namely, Shivnarain Yadav, Ashok Kumar Yadav and Arjun Prasad Yadav deposited less amount but the petitioner issued pass-books showing deposits of rupees two lacs to their accounts. Ten pass-books were issued in the name of Santosh Kumar Singh showing deposits of rupees two lacs whereas in fact he deposited Rs. 200/- in those accounts. Similarly, Ashok Kumar Yadav deposited less amount but 10 pass-books were issued in his favour showing deposits of much

Patna High Court Cr.Misc. No.22907 of 2015 (3) dt.18-09-2015 2/2 more amount. Arjun Prasad Yadav did not deposit any amount even then six pass-books were issued in his favour showing deposits of Rs. 50,000/- in each of those pass-books. It is submitted that the petitioner did not withdraw any amount nor the pass-book-holders withdrew any amount. In fact, no amount was defalcated or misappropriated. The petitioner made false entry in the pass-books with a view to benefiting the pass-book-holders that they have sufficient deposits in their pass-books for the purpose of security money for contract purposes. The petitioner is in jail since 03.02.2015.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.P. Maurya, Judicial Magistrate, 1st Class, Banka in Banka (Barahat) P.S. Case No. 239 of 2014.

(Prabhat Kumar Jha, J) Dilip/- U T