Arvind Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57363 of 2022 Arising Out of PS. Case No.-47 Year-2021 Thana- KONCH District- Gaya ====================================================== Arvind Kumar Pandey S/O Late Chhotan Pandey Resident Of Utrain, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

.. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Sharma, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 22.04.2022 in connection with Konch P.S. Case No. 47 of 2021, F.I.R. dated 10.02.2021 for the offences punishable under Sections 420, 406, 379 of the Indian Penal Code. According to prosecution case, as per written report of the informant namely Ranjan Kumar stating therein that the petitioner was was serving as the Dak Pal of Utrain Post Office since year 2017, on 17.09.2020 the work of said Post Office was inquired by the informant and found that the accused petitioner has collected the money to the tune of Rs.4,75,646/- from different customers for depositing them in different schemes viz. Recurring Deposits, Sukanya Smirdhi Scheme and Saving Scheme but not deposited same in the Government Accounts, in the same manner when the cash box was counted it was found

Patna High Court CR. MISC. No.57363 of 2022(5) dt.13-04-2023 2/2 shortage of Rs.23,000/- which was later on 29.10.2020 deposited by the petitioner.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner was posted as Dak Pal and the allegation against the petitioner is that he has grab the amount of Rs.4,75,646/- of the customers which was deposited in various schemes of the post office. He further submits that the allegation upon the petitioner is baseless without any documentary evidence. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has not deposited the amount in question (Rs.4,75,646/-) Rupees four lakh seventy five thousand six hundred forty six to the Government Accounts, when the cash box was counted it was found shortage of Rs.23,000/-. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Konch P.S. Case No. 47 of 2021 pending in the court of learned 1st Class, Judicial Magistrate, Gaya.

Prayer is refused.

(Rajesh Kumar Verma, J) mdrashid/- U T