Anil Kumar Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52959 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -PASRAHA District- KHAGARIA ======================================================
1. Anil Kumar Mandal, son of Anandi Mandal, Resident of Village & P.O. Mahadevganj, P.S. Muffasil, District- Sahebganj, Jharkhand at present residing at Moualla Bhagatpur Kamalpur (near pani tanki), P.O.- Mathurapur via.Khagaria, P.S. & District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Union of India, through the Assistant Superintendent of Post, Khagaria, Eastern Sub-Division, Khagaria.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Bhardwaj For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.
The petitioner was Sub-Postmaster of Mohdipur Post Office. Allegation is that during his tenure, he wrongfully withdrew the amount in different instalment and misappropriated it.
Submission of the petitioner is that since there was new computerization and the petitioner was not conversant with the proper functioning of the computer he had handed over the
Patna High Court Cr.Misc. No.52959 of 2016 (2) dt.21-12-2016 2/2 work to Amitesh Raj and in bona fide mistake whatever has happened the petitioner has already deposited the aforesaid amount which would be evident from the F.I.R. itself. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released 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 Additional Chief Judicial Magistrate-II, Khagaria/Successor Court in connection with Pasraha Police Station Case No. 116 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J) kundan/- U T