Yugal Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74764 of 2024 Arising Out of PS. Case No.-269 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Yugal Kishore Rai Son of Ramashish Rai, Resident of Village- P.O.- Rajapur, Via Bachhwara, P.S.- Bachhwara, Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bachhwara P.S. Case No.269 of 2024 instituted under Sections 409, 420, 120B and 34 of the Indian Penal Code.

3. As per prosecution case, the F.I.R. named accused persons including petitioner are alleged to have misappropriated Rs.37,56,300/- of Sub Post-Office, Bachhwara, Begusarai using GL Code.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.74764 of 2024(3) dt.22-11-2024 2/3 case due to personal grudge. He further submits that the petitioner is Up-dakpal of Rajapur Post-Office, Begusarai. One Ranjay Prasad Singh, Postal Assistant, who was using User's name, has explained with respect to deposit of the said amount in U.C.R. Head. The petitioner has no jurisdiction to use GL Code. The entire defalcated amount has been recovered by the concerned Post-Office. It is also submitted that similarly situated co-accused person, namely, Gorakh Choudhary has already been granted anticipatory bail by this Court vide order dated 23.10.2024 passed in Cr.Misc.No.73117 of 2024. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No.269 of 2024, subject to the conditions as laid down in

Patna High Court CR. MISC. No.74764 of 2024(3) dt.22-11-2024 3/3 Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T