Patna High CourtCR. MISC./85360/2023bail granted

Sudhanshu Kumar v. The State Of Bihar

2024-03-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85360 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Sudhanshu Kumar Son Of Sri Tribhuvan Singh R/O Village- Sakhmohan, P.S.- Bibhutipur, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in Cheria Bariyarpur (Manjhaul O.P.) P.S. case No. 271 of 2023 instituted for the offences under Sections 406, 409 and 420 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the petitioner being working as Field Assistant of the Bank after collecting Rs. 12,24,722/- did not deposit the same in the Bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner submits that the petitioner is

Patna High Court CR. MISC. No.85360 of 2023(4) dt.19-03-2024 2/3 ready to deposit Rs. 12,24,722/-in equal monthly installments. The petitioner is in custody since 14.09.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the fact that petitioner is ready to deposit the money in installments, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Cheria Bariyarpur (Manjhaul O.P.) P.S. case No. 271 of 2023 subject to the condition that after release, the petitioner shall deposit the aforesaid Rs. 12,24,722/- in ten (10) equal installments of Rs. 1,22,472/- in ten months and shall be paid in ten months, the first of which will start in the month of May, 2024 and the last installment will be paid in the month of February, 2025 with further conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.85360 of 2023(4) dt.19-03-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner did not deposit the installments in the manner indicated above, the trial Court will cancel the bail bonds of the petitioner and secure his arrest in accordance with law.

(Rudra Prakash Mishra, J) Pankaj/- U T