Ramesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79939 of 2023 Arising Out of PS. Case No.-17 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Ramesh Kumar S/O Harinarayan Ram R/O Village- Nadawa Tola Piprahiya, P.O- Jagirdari Banakta, Ps. Bhore, Distt. Gopalganj ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dewanand Tiwari, Advocate For the Opposite Party :
Mr.Chandra Sen Pd Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2024 Heard learned counsel for the parties.
2. Earlier prayer for pre-arrest bail of the petitioner was refused by this Court vide order dated 13.7.2022.
3. Learned counsel for the petitioner submits that the petitioner has deposited entire alleged defalcation amount. He submits that as per the impugned order dated 16.8.2023, petitioner misappropriated Rs.2,74,216/-. In paragraph 7 of the bail petition, petitioner avers that he has deposited Rs. 1,37,500/- in two folds of Rs.90,000/- and Rs.47,500/- respectively on 23.12.2022 and 10.6.2023. Balance amount of Rs. 1,36,716/- has also been deposited by the petitioner vide deposit receipt of the bank dated 10.1.2024 (contained in annexure P/6 to the supplementary affidavit).
4. Learned counsel for the State does not controvert the submission of the petitioner.
Patna High Court CR. MISC. No.79939 of 2023(3) dt.12-01-2024 2/2
5. Considering the aforesaid development, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged 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 Chief Judicial Magistrate, Gopalganj in Bhore Police Station Case No. 17 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T