Chandreshwar Safi (S.P.M.) @ Chandeshwar Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64056 of 2021 Arising Out of PS. Case No.-175 Year-2021 Thana- KASBA District- Purnia ====================================================== CHANDRESHWAR SAFI (S.P.M.) @ CHANDESHWAR SAFI S/o Late Laxmi Safi R/o village- Dhepura, P.S.- Bisfi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Sr. Advocate :

Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2022 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 406, 420 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the amount saved by customers of remote village area and deposited in the post office were cheated by the accused persons, including the petitioner, when their amount matured. It is next alleged that the petitioner was posted in the concerned post office since 21.01.2018 till 2020 and the accused persons misappropriated the amount of the beneficiaries by

Patna High Court CR. MISC. No.64056 of 2021(2) dt.19-07-2022 2/3 depositing less amount in their account and thus an amount of Rs. 3,32,314/- was misappropriated by them.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, none of the depositors whose money is alleged to have been misappropriated by the petitioner have come forward to institute a case. It is further submitted that if the customers of the post office would have been aggrieved by the fact that they have received an amount less than what was their entitlement then definitely a complaint or an F.I.R. would have been instituted. It is next submitted that it appears that the present F.I.R. has been instituted out of malice and ill will.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kasba P.S.

Patna High Court CR. MISC. No.64056 of 2021(2) dt.19-07-2022 3/3 Case No. 175 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T