Patna High Court granted anticipatory bail to the petitioner, a retired government employee, for embezzlement charges. Bail was subject to surrender within eight weeks and security deposit.
Petitioner released on bail with Rs. 10,000 bond and two sureties, to surrender if arrested within eight weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9089 of 2016
Arising Out of PS.Case No. -211 Year- 2007 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ====================================================== Birendra Kumar Singh S/o Late Kapildeo Singh resident of Village - Bhikhanpura in front of Ramdayalu Railway Station, Muzaffarpur at present residing at Village - Mohammadpur, P.S. - Sakra, District - Muzaffarpur. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Hemant Kumar Karan, Advocate For the Opposite Party : Mr. Umesha Nand Pandit (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
3 16-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Muzaffarpur (Town) PS case no. 211 of 2007 for offences alleged under Section 409 of the Indian Penal Code.
The prosecution story is that Sri S.K. Sinha, Assistant Superintendent of Post Offices, West Sub division, Muzafarpur lodged a written application to the Officer-in-charge, Town P.S., Muzaffarpur mentioning therein that Sri Birendra Kr. Singh (the petitioner) while posted as Assistant Postmaster at Sub Post Office, Collectorate, Muzaffarpur, opened a one year term deposit bearing account no. 1270365 of Smt. Meena Devi of
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amount of Rs. 50,000/- on 27.01.2006 but he did not deposited the said amount in government account and thus embezzled Rs. 50,000/- government money. He has further alleged that amount of embezzlement is likely to increase.
It has been submitted by the learned counsel for the petitioner that he retired as Deputy Post-master on 31.07.2012 and the departmental proceeding against him is continuing since the year 2007 and the same has not yet been concluded. He further submits that the prosecution case although is of the year 2007 but investigation is going on and is not yet complete. He further submits that being a government employee all his retrial benefits has been withheld due to pending departmental enquiry.
However, learned APP for the State submits that although the petitioner has been charged of embezzlement in one more case as such he opposed the prayer for bail.
Be that as it may, since the petitioner is a retired government employee and departmental proceeding is also pending against him, the case being of the year 2007 and investigation not yet complete, let petitioner above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two
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sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzzafarpur in connection with Muzaffarpur (Town) PS case no. 211 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nilu Agrawal, J.)
rinkee/-
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2 issues framed by the court
Whether the petitioner, a retired government employee with pending departmental proceedings, is eligible for anticipatory bail.
Whether the surrender or arrest conditions within eight weeks are tenure-appropriate safeguards.
1 provisions across 1 enactments
Birendra Kumar Singh
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
