Patna High CourtCR. MISC./67270/2023bail granted

Dharmatma Chaubey v. The State Of Bihar

2023-12-13Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67270 of 2023 Arising Out of PS. Case No.-868 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Dharmatma Chaubey S/O Maheshwar Chaubey R/O Vill - Ekderwa, Po Ekderwa, Ps Gopalganj, District Gopalganj, Bihar 841428 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Gopalganj (Town) P.S. Case No. 868 of 2021 dated 01.12.2021, lodged under Sections 406, 420 and 34 of the I.P.C.

3. As per the prosecution case, the allegation against the accused persons is of defalcating Rs.19 lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 13.07.2023. He further submits that the period during which the petitioner was the InCharge of the N.B.F.C., the defalcation comes to approx Rs.7 lakhs.

Patna High Court CR. MISC. No.67270 of 2023(3) dt.13-12-2023 2/2

5. Learned counsel for the petitioner further submits that there is no allegation of tampering of evidence which is documentary in nature. He also undertakes that the petitioner will co-operate in the trial

6. Learned A.P.P. for the State opposes the prayer for bail.

7. Considering the facts and circumstances of the case, this bail application is allowed.

8. Let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Gopalganj (Town) P.S. Case No. 868 of 2021, subject to the conditions that the petitioner shall support in trial and shall appear physically either himself or through his lawyer before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

(Sandeep Kumar, J.) sadique/- U T