Ravi Kant v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79143 of 2025 Arising Out of PS. Case No.-296 Year-2025 Thana- DUMRA District- Sitamarhi ====================================================== Ravi Kant S/O- Lakshmi Kant Sinha @ Lakshmi Kant R/V- Mirbigha PoChakwai Ps- Warsaliganj Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate ;
Mrs. Divya Bharti, Advocate For the State :
Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-12-2025 Heard Mr. Pushpendra Kumar Singh, learned counsel for the petitioner and Mr. S. Azeem, learned APP representing the State.
2. The petitioner is apprehending his arrest in connection with Dumra P.S. Case No. 296 of 2025 registered for the offence under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, lodged on 17.06.2025 by the informant, Saroj Kumar.
3. As per the prosecution story, the informant alleged that the petitioner serve as Observer in S.B.C.O, Head Post Office, Sitamarhi and during the period 05.09.2022 to 20.07.2024, misusing his post, he included wrong interest amount of Rs.17,21,580/- in the account of his family members.
2/4 When it came to light, he accepted the fact that it has been spent for personal use. Accordingly, the F.I.R.
4. Learned counsel for the petitioner has taken this Court to learned Sessions Judge order to show that the amount (Rs.17,21,580/-) alongwith the interest (Rs.1,80,766) already stands deposited on 01.04.2025 before the Principal Post Office, Sitamarhi. However, subsequently on 17.06.2025, upon the direction of the higher officials, the F.I.R. has been lodged.
5. The further submission is that unfortunately, the interest amount was incorporated in the family members' account, upon realization, the amount has already been returned, he do not have criminal antecedent and shall be fully cooperating in the investigation/trial.
6. Learned APP opposes the prayer submitting that the said submission of payments need to be verified.
7. Considering the submissions of the parties as also that the petitioner has deposited the entire amount alongwith the interest as recorded in learned Sessions Judge order, he do not have criminal antecedent, is an employee with the Post Office, an undertaking has been given that he shall be fully cooperating in the investigation/diligently appearing in trial, in that background, this Court is inclined to extend him the
3/4 privilege of anticipatory bail.
8. However, if it is found that the statement that has been recorded in the learned Sessions Judge order that the entire amount with interest has been deposited on 01.04.2025 is incorrect, the order shall be come infructuous.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 296 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner 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 bail bond by the Trial Court itself;
(iii) the petitioner 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
4/4 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T