Randhir Kumar @ Randhir Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64490 of 2019 Arising Out of PS. Case No.-135 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Randhir Kumar @ Randhir Kumar Gupta Son of Late Narayan Deo Prasad Resident of Village- Madhopur, Via- Laukaha, P.S.- Laukaha, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lakshmi Kant Sharma, Adv.

For the State :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-06-2020 Heard learned senior counsel Sri. Ramakant Sharma appearing for petitioner as well as learned APP Sri. Umesh Lal Verma appearing for State.

Petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No. 135/2019 registered for the offences punishable under Sections 420, 409, 467, 468, 471/34 of the Indian Penal Code.

Petitioner is not named in the First Information Report and for the first time the name of petitioner surfaced in this case at para 59 of the Case Diary when the Investigation Officer sought the details of employees of District Program Officer, Madhubani. The present case was instituted when it was detected by three members enquiry committee that on the basis of forged pay bill,

Patna High Court CR. MISC. No.64490 of 2019(3) dt.16-06-2020 2/3 huge amount was defalcated.

Learned counsel appearing for the petitioner submits that neither petitioner prepared the pay bills nor sanctioned the amount and there is nothing on the entire case diary to show what role was played by the petitioner in the alleged occurrence.

Learned counsel of the petitioner further submits that inquiry report very clearly discloses that it was the then Block Education Officer and the then clerk, who had prepared the pay bills, were responsible for the commission of alleged offence and in course of investigation, Investigating Officer expressed his view that without the involvement of District Program Officer the above stated act was not possible and on that basis, the Supervising Authority directed the Investigating Officer to collect the details of all the employees of above stated office and, thereafter, the name of the petitioner came in this case without assigning any specific role of the petitioner in the above stated transaction.

Considering aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, in the event of his arrest or surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail

Patna High Court CR. MISC. No.64490 of 2019(3) dt.16-06-2020 3/3 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Madhubani Town P.S. Case No. 135/2019 subject to conditions as laid down under Sections 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) GAURAV S./- U T