Rajveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53087 of 2023 Arising Out of PS. Case No.-135 Year-2016 Thana- LADANIA District- Madhubani ====================================================== Rajveer Yadav Son of Lakshman Yadav Resident of village - Shidhapkala, P.S. - Jaynagar, Dist. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kr. Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with Ladaniya P.S. Case No. 135 of 2016, registered on 01.11.2016 for the offences under Sections 467, 468, 471, 409 and 420 of the Indian Penal Code.

3. As per prosecution case, co-accused Sanjay Kumar while working as cashier in the Punjab National Bank Branch of the informant committed embezzlement of an amount of Rs. 55,33,901/- by a number of fraudulent transactions. Allegation against the petitioner is that Rs. 8,000/- was also transferred in the account showing it to be an account under Indira Awas

Patna High Court CR. MISC. No.53087 of 2023(2) dt.19-08-2023 2/3 Yojana.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The petitioner has no concern with the co-accused and he has been made accused merely on suspicion. The petitioner is a customer of the branch of the informant and he deposited Rs. 8,000/- in his account. But the co-accused Sanjay Kumar showed his account as one under Indira Awas Yojana Yojana. The petitioner could not do anything in this regard as he was merely maintaining his account and deposited the amount in his own account and has no concern with the act of the co-accused in converting his account into Indira Awas fund account.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the lack of material showing complicity of the petitioner and the implication based merely on suspicion, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like

Patna High Court CR. MISC. No.53087 of 2023(2) dt.19-08-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Madhubani/ court concerned in connection with Ladaniya P.S. Case No. 135 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) himanshu/- U T