Kapildev Kumar Verma @ Kapildeo Kumar Varma @ Kapildev Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66373 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Kapildev Kumar Verma @ Kapildeo Kumar Varma @ Kapildev Verma S/oLate Jagoo Prasad R/o- Buddha Colony Hajipur, Adalbari, Near ITI, P.S.- Hajipur, District- Vaishali Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Uttar Bihar Gramin Bank, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Jha, Adv.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP For the Bank :

Mr. Prabhakar Jha, Adv.

Mr. Mukund Mohan Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-09-2025 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kartaha (Vaishali) P.S. Case No. 45 of 2025 for the offence registered under sections 318(4), 319(2), 338, 336(3), 3(5) of BNS, 2023 lodged on 01.04.2025 by the informant, Samit Sharan.

3. As per the prosecution story, the informant alleged that this petitioner sanctioned loan amount of Rs. 54,000/- against Kishan Vikas Patra (KVP) to one Manoranjan Kumar. Later, it was found that the payment has been made by issuing a duplicate copy of the said KVP. The siphoning of money was there which included the involvement of the ex-Branch Manager

2/4 (petitioner herein) in the whole scenario. This led to the FIR.

4. Learned counsel for the petitioner submits that his name has been falsely implicated in this case and he has already retired on 28.02.2017 and do not have any criminal antecedent.

5. Further, the submission is that without accepting the allegation and/or the outcome of the present petition, the petitioner intends to pay Rs. 2,00,000/- through Demand Draft issued by the local State Bank of India branch addressed to the Branch Manager, Uttar Gramin Bank, Ghataro-Chaturbhuj Branch, Vaishali at the time of execution of bail bond, if granted relief. Further, he is ready to settle the dispute by visiting the concerned bank, sit with the higher officials and whatever amount is finally decided by the mutual understanding/agreement, he shall be clearing it within a period of ninety days.

6. Learned counsel representing the bank though opposes the prayer submit that when the petitioner is ready to pay the amount, has been ex-Branch Manager of the same Bank, in that background, he is not opposing the prayer for the anticipatory bail.

7. Taking into account the aforesaid facts as also that the petitioner do not have criminal antecedent, is an ex-Branch

3/4 Manager, ready to settle the dispute, to show his bonafide, is ready to pay Rs. 2,00,000/- at the time of execution of bail bond, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Vaishali, Hajipur in connection with Kartaha (Vaishali) P.S. Case No. 45 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for

4/4 cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (v) after executing the bail bond, the petitioner within a week shall be visiting the concerned bank, sit with the higher officials, they shall be coming to a final amount which the petitioner will be clearing within a period of ninety day after deducting Rs. 2,00,000/- which he shall be paying at the time of execution of bail bond.

8. Needless to add, the petitioner will be entitled to the other reliefs once the amount is cleared. (Rajiv Roy, J) Vijay Singh/- U T