Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38753 of 2018 Arising Out of PS. Case No.-98 Year-2017 Thana- SANJHAULI District- Rohtas ====================================================== Nagendra Prasad S/o Sri Ram Prasad,@ Ram Prasad Ram, R/o Vill.- Anuara , P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.04.2018 in connection with Sanjhauli P.S. Case No. 98 of 2017 for offences punishable under Sections 409, 420, 467, 468, 471 of the Indian Penal Code.

The prosecution case, as lodged by the Postal Inspector, Bikramganj, Rohtas before the Sanjhauli police station, is that while the petitioner was posted as a Sub- Post Master on deputation basis a sum of Rs. 14,50,000/- of 28 depositors in RD account has been embezzeled by him. On further enquiry the amount could increase.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has

Patna High Court Cr.Misc. No.38753 of 2018(2) dt.10-07-2018 2/2 been falsely implicated in the aforesaid case. He submits that the allegation is vague and incorrect and relates to the period 17.06.2016 to 18.03.2017 and a departmental proceeding has been initiated against him. He further submits that nearly 24 depositors have received the RD amount to the tune of Rs. 12,13,246/- which is evident from Annexure-4 of the supplementary affidavit and rest is to be reconciled. He further submits that it was on misconception and due to wrong entry such allegation has been made and petitioner is ready to cooperate in the investigation. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sanjhauli P.S. Case No. 98 0f 2017.

(Nilu Agrawal, J) Rajesh/Pragya U T