Subodh Rawat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71277 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- SACHIVALAYA District- Patna ====================================================== Subodh Rawat Son of Late Jageshwar Rawat R/o Village -Karamchak P.S. -Hisua Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Ranjan, Adv., Mr. Prashant Shekhar, Adv.
For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP For the Informant :
Mr. Sanjeev Kumar, Adv., Mr. Pravashankar Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 08-10-2025 Heard the learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Sachivalaya P.S. Case No. 152 of 2025, dated 21.07.2025, registered under Sections 316(5), 318(4), 336(3), 338, 61(2) of the B.N.S.
3. The prosecution case, in brief, is that the petitioner Subodh Rawat, who was working as Cashier in Hotel Chanakya, Patna (a unit of Sujata Hotel Private Limited), suddenly remained absent from duty since 02.06.2025 without any prior information or permission. It is alleged that when the hotel
2/5 authorities tried to contact him, his mobile phones were found switched off and even his family members could not be reached. Thereafter, on internal verification and audit, discrepancies were allegedly found in the accounts, relating to cash collections from guests, which were reportedly not deposited in the bank. On such verification, it was suspected that Subodh Rawat along with Abni Kumar Dutta had misappropriated over Rs. 20,00,000/-. It is further alleged that after issuance of showcause notices, petitioner (Subodh Rawat) submitted his resignation, which was not accepted by the hotel. The prosecution claims that Abni Kumar Dutta, in connivance with Subodh Rawat, committed criminal breach of trust, cheating, misappropriation of company property, and forgery of records/electronic documents, thereby causing wrongful loss to the company.
4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and committed no offence and has been falsely implicated in this case. Petitioner has rendered more than two decades of impeccable service in the said hotel and upon his retirement in January, 2024, he was duly felicitated and issued a retirement certificate acknowledging his dedicated services. The petitioner was only a subordinate in the cashier section, working under the supervision of a higher officer
3/5 designated as Head Accountant/Finance Manager and every financial transactions were approved by the higher authority, which was mandatory provided under the guidelines and as such the petitioner has no role in misappropriating funds, which is said to have been misappropriated by this petitioner along with Abni Kumar Datta.
5. In order to show his bona fide, learned counsel for the petitioner submits that petitioner is ready to pay Rs. 2,00,000/- (Two Lakh), in favour of the informant, as against the liability quantified without accepting his guilt and also undertakes to participate during course of investigation. Learned counsel representing petitioner submits that petitioner will pay Rs. 2,00,000/- (Two Lakh) through Demand Draft in favour of the informant (Sujata Hotel Private Limited) and on deposit he will furnish certificate to this effect at the time of furnishing bail bond.
6. On the other hand, learned counsel for the informant has opposed the prayer for anticipatory bail of the petitioner and submits that he is evading the notice being sent to him and he is not cooperating in audit, which was carried out during course of investigation.
7. Considering the facts that the petitioner is ready to deposit Rs. 2,00,000/- (Two Lakh) as a token amount without accepting his guilt with an undertaking to submit himself to the
4/5 recourses as provided under the law and further undertaking that he will fully cooperate during course of investigation, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned District & Additional Sessions JudgeXXXVI, Patna in connection with Sachivalaya P.S. Case No. 152 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C. as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner (s) who shall provide official document to show his/her bona fide;
(ii) the petitioner (s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner (s) 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 cancellation of the bail bonds;
(iv) the petitioner (s) shall desist from committing any
5/5 criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (v) The petitioner will submit a receipt showing handing over of Demand Draft of Rs. 2,00,000/- (Two Lakh) issued in favour of the informant (Sujata Hotel Private Limited) at the time of furnishing bail bonds.
(Ajit Kumar, J) pravinkumar/- U T