Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71190 of 2022 Arising Out of PS. Case No.-166 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== Amit Kumar Son Of Vishwanath Rajak The Then Cashier Of United Bank (Now Punjab National Bank, Balrampur Branch) R/V- Teliya Sarai, P.SSarai, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 409 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they had committed defalcation and breach of trust with respect to the college money. This petitioner is said to be embezzled the amount of Rs. 5,53,040/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.71190 of 2022(8) dt.02-08-2023 2/3 that the petitioner is languishing in judicial custody since 29.05.2022.

By way of filing supplementary affidavit, it has been brought on record by learned counsel for the petitioner that petitioner is ready to deposit the aforesaid misappropriated amount i.e. 5,53,040/- (five lakh fifty three thousand forty Rs.) in the account of concerned college, Balrampur in four regular monthly installments from August, 2023.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

The petitioner is directed to deposit the money i.e. 5,53,040/- (five lakh fifty three thousand forty Rs.) in the account of concerned college, Balrampur in four regular monthly installments from August, 2023.

Having heard learned counsel for the parties and considering the fact that the petitioner is ready to deposit the aforesaid embezzled amount, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.71190 of 2022(8) dt.02-08-2023 3/3 Balrampur P.S. Case No. 166 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-VI, Katihar.

The aforesaid payment will be subject to final adjudication of the matter.

(Sunil Kumar Panwar, J) Manishkumar/- U T