Patna High CourtCR. MISC./4674/2025bail granted

Rakesh Paswan v. The State Of Bihar

2025-05-12Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4674 of 2025 Arising Out of PS. Case No.-99 Year-2024 Thana- MEHSI District- East Champaran ====================================================== Rakesh Paswan S/O Lalan Paswan R/O Village- Wajitpur, P.O- Majapur Bandwar, P.S- Muffasil, Distt.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar 2.

Manohar Kumar S/O Ram Narayam Mahto R/O Village- Bishunpur, P.OGhorasahan, P.S- Ghorasahan, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-05-2025 Heard Mr.Mritunjay Kumar, learned counsel for the petitioner, learned counsel for the informant and Mr.Yogendra Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mehsi P.S.Case No.99 of 2024, FIR dated 03.07.2024, G.R.No.3745 of 2024 registered for the offences punishable under Sections 406,420 of IPC.

3. As per prosecution case, petitioner is alleged to have embezzled money Rs. 1,42,988/- (One lac Forty Two Thousand Nine Hundred Eighty Eight Only) because being on the post of Credit Assistant did not deposit the collection amount of loanee from 04.04.2024 to 11.05.2024 to the

2/4 Company like Spandana Asfurti Financial Limited Company.

4. Learned counsel for the petitioner submits that the petitioner clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. As per allegation in the FIR, petitioner is alleged to have embezzled money Rs. 1,42,988/- (One lac Forty Two Thousand Nine Hundred Eighty Eight Only) from the informant. Learned counsel for the petitioner, on instruction, fairly submits that the petitioner is ready to return the amount in question to the informant within a period of four months from today.

5. Learned counsel for the informant has no objection in this regard.

6. In view of the aforesaid, 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 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran, Motihari in connection with Mehsi P.S.Case No.99 of 2024, G.R.No.3745 of 2024, subject to the conditions

3/4 as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) At the time of furnishing bail bond, the petitioner shall deposit 1/3rd of the embezelled money Rs. 1,42,988/- (One lac Forty Two Thousand Nine Hundred Eighty Eight Only) by way of demand draft in favour of the concerned Company/Bank/Informant and the learned court below is directed to hand over the said demand draft to the concerned Company/Bank/Informant or his representative and the rest amount shall be paid within four months in two equal installments by way of demand draft in favour of the Company/Bank/Informant.

If the petitioner fails to pay the rest amount to the concerned Company/ Bank/Informant, the informant 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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/her 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) Nitesh/- U T