Dhruv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65055 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== 1.

DHRUV KUMAR Son of Late Ram Ashish Singh Resident of village - Naranga, P.S. - Bela, Dist.- Sitamarhi, The then Dak Sahayak, Parihar, Sub - Post Office, Dist.- Sitamarhi.

2.

Ram Chandra Ram Son of Late Ram Sewak Ram Resident of village - Malahi, P.S.- Sursand, Dist.- Sitamarhi, The then Dak Sahayak, Parihar, Sub - Post Office, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Union of India.

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

For the Petitioners :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Umesh Lal Verma, APP For Union of India :

Mr. Manoj Kumar Singh, CGC Mr. Ankit Kumar Singh, Advocate Mr. Prabhat Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the parties.

2. Petitioners apprehend their arrest in connection with Parihar P.S. Case No.196 of 2022, registered for the offence punishable under Sections 409, 420 and 34 of the Indian Penal Code.

3. The FIR has been registered against the petitioners on the basis of written application dated 13.07.2022 of the informant, namely, Mithilesh Kumar, Postal Inspector, East SubDivision, Sitamarhi alleging therein that the petitioners after creating forged document cheated Rs.6,00,000/- of one Raimul

Patna High Court CR. MISC. No.65055 of 2022(10) dt.20-07-2023 2/3 Khatoon during process of deposit of money under one year TD in the Parihar Post Office.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioners are Assistants in the said Post Office and they have not committed any fraud. It is also submitted that coaccused, Kirti Kumari is an Agent of the Post Office by whom Rs.1,00,000/- was handed over to co-accused, Shamsul Hoda under Term Deposit Scheme. The petitioners have no knowledge about the rest claimed money of Rs.6,00,000/-. It is lastly submitted that the petitioners are ready to deposit Rs.1,50,000/- each in the said Post Office.

5. Learned counsel appearing on behalf of the Union of India opposed the prayer for grant of anticipatory bail to the petitioners by submitting that a department proceeding was started against petitioners and others and it is found that petitioners are also involved in the present case.

6. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six

Patna High Court CR. MISC. No.65055 of 2022(10) dt.20-07-2023 3/3 weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Sitamarhi in connection with Parihar P.S. Case No.196 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

7. The learned court below is directed to accept the bail bonds of the petitioners after verifying the fact that petitioners have deposited Rs.1,50,000/- in the said Post Office. (Anjani Kumar Sharan, J) S.KUMAR/- U T