Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74332 of 2025 Arising Out of PS. Case No.-269 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Mohan Kumar Son of Late Rameshwar Mahton @ Late Rameshwar Mahto @ Late Rameshwer Mahto @ Rameshwar Mahto Village -Tara, Ward No 11, PO- Tara bariyarpur, PS -Khodawandpur District -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Union of India : Mr. Ram Anurag Singh, CGC For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Sandip Kumar Gautam, learned counsel for the petitioner, Mr. Ram Anurag Singh, who has appeared on behalf of Union of India at the instance of this Court and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Bachhwara P.S. Case No. 269 of 2024, F.I.R. dated 16.07.2024 registered for the offences punishable under Sections 409, 420, 120(B), 34 of the Indian Penal Code.

3. Learned counsel for the Union of India has been requested by this Court to verify the genuineness of Annexure-3 regarding credit certificate of U.C.R.

4. Allegation against the petitioner is that the petitioner along with other co-accused persons have misappropriated a sum

2/4 of Rs. 37,56,300/- (Rs. Thirty Seven Lakhs Fifty Six Thousand and Three Hundred).

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. As per allegation in the F.I.R., the petitioner and other co-accused persons have withdrew the departmental cash of Rs. 37,56,300/- (Rs. Thirty Seven Lakhs Fifty Six Thousand and Three Hundred) at Bachhwara Sub Post Office through GL Code-8845500030 under the IPPB withdrawal mode. Learned counsel for the petitioner further submits that one of coaccused namely Ranjay Prasad Singh has deposited all the amount and the Post Master, Begusarai has issued Credit certificate of UCR dated 07.12.2024 which suggests that the amount in question had already been deposited in the account of Post Office on different dates as mentioned in the letter dated 07.12.2024.

6. Mr. Ram Anurag Singh, learned counsel appearing on behalf of Union of India on instruction submits that the amount in question has already been deposited by one Ranjay Prasad Singh.

7. Learned counsel for the petitioner submits that coaccused person namely Gorakh Choudhary has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 73117 of 2024, another co-accused person namely Ranjay Prasad Singh @

3/4 Ranjay Singh has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 21.11.2024 passed in Cr. Misc. No. 77655 of 2024, another co-accused person namely Yugal Kishore Rai has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 22.11.2024 passed in Cr. Misc. No. 74764 of 2024 and the case of the petitioner is of similar footing.

8. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the amount in question had been deposited by one Ranjay Prasad Singh and co-accused persons including the Ranjay Prasad Singh have been granted the privilege of anticipatory bail by a Coordinate Bench of this Court, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees 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 under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

4/4 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T