Umakant Ram @ Umakant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75124 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- MOTIPUR District- Muzaffarpur ====================================================== Umakant Ram @ Umakant Kumar S/O Late Shiv Ram Resident of VillageBhatuhawa, P.S- Manpur, Distt.- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Ram Kishun Prasad, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Motipur P.S. Case No. 149 of 2025, F.I.R. dated 04.05.2025 for the offences punishable under Sections 316(2). 318(4) and 303(2) of the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant, who is Branch Quality Manger in Sugamya Finance in Motipur branch alleged that the petitioner along with other co-accused persons has misappropriated money and thus have cheated the company and its customers.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
2/4 implicated in the present case. As per allegation in the FIR, the petitioner has embezzled a total amount of Rs. 3,45,855/- (Rupees Three Lakh Forty Five Thousand Eight Hundred and Fifty Five) in cash and Rs.80,000/- (Rupees Eighty Thousand) through UTR, altogether Rs.4,25,855/- (Rupees Four Lakh Twenty Five Thousand Eight Hundred and Fifty Five) from the company.
5. Learned counsel for the petitioner on the basis of instructions submits that the petitioner is ready to deposit the aforesaid amount in the account of Sugamya Finance, BranchMotipur, Bihar.
6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of 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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 149 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal
3/4 Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. At the time of furnishing bail bond, the petitioner shall produce a demand draft of Rs. 2,00,000/- (Rupees Two Lakh) in favour of Sugamya Finance, Branch-Motipur, Bihar and learned court below is directed to handover the said demand draft to the representative of the Sugamya Finance and rest amount of Rs. 2,25,855/-(Rupees Two Lakh Twenty Five Thousand Eight Hundred and Fifty Five) shall be paid to the representative of the Sugamya Finance within a period of three months in three equal installments. If the petitioner fails to deposit the rest amount of Rs. 2,25,855/-(Rupees Two Lakh Twenty Five Thousand Eight Hundred and Fifty Five) to the representative of the Sugamya Finance, the Sugamya Finance shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.
ii. Petitioner shall co-operate in the trial and shall be 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. iii. If the petitioner tampers with the evidence or the
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T