Allowed

Prem Sagar Kumar v. The State of Bihar

Patna HC7 Dec 2022CR. MISC./7408/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted bail to the petitioner, who was detained since September 2021, in a criminal case alleging defalcation of bank funds. The court noted a lack of substantive evidence against him, his clean antecedents, and the co-accused's prior anticipatory bail.

What did the court decide?

Petitioner released on bail on furnishing Rs. 20,000/- with two sureties of Rs. 20,000/- each.

Prem Sagar Kumar Vs The State of Bihar — Cheque Dishonour | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7408 of 2022

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Arising Out of PS. Case No.-84 Year-2019 Thana- DANDARI District- Begusarai

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======================================================

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Prem Sagar Kumar Son Of Sri Gyani Prasad Yadav @ Gyani Prasad R/O Village- Naya Tola, Near K.D.S. College, P.O.- Gogari, P.S.- Gogri, DistrictKhagaria, Presently Residing At Village- Saligrami, P.S.- Sahebpur Kamal, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr.Arun Kumar Pandey, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

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ORAL ORDER

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3 07-12-2022

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Heard learned counsel for the petitioner and learned APP for the State.

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Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

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In the present case, the petitioner seeks bail in connection with Dandari P.S. Case No. 84 of 2019 registered for the alleged offences under Sections 420, 409 and 120(B) of the Indian Penal Code.

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As per prosecution case, branch manager of SBI, Dandari Branch gave police a written report for registration of case against the petitioner and co-accused Mukesh Ranjan Verma for defalcation of an amount of Rs. 46,99,213/- while coaccused was posted as an accountant in the branch.

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Patna High Court CR. MISC. No.7408 of 2022(3) dt.07-12-2022 2/4

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not an employee of the bank and the co-accused was his neighbour at Gogri, Khagaria. The co-accused assured the petitioner that he will arrange cattle loan for him and for this purpose took his Aadhar Card and IDproof. The co-accused was transferred to SBI, Dandari Branch, Begusarai and there he opened an account in the name of the petitioner and misused the account for illegal activities. The petitioner has no knowledge about defalcation made by the coaccused in the bank using the bank account of the petitioner. The entire amount which has been transferred to the account of the petitioner has been transferred by co-accused Mukesh Ranjan Verma himself by using his ID. During investigation, it has also come to the notice that in January 2019, one saving account has been opened in the name of the petitioner and the co-accused transferred the entire defalcated amount in the saving bank account of the petitioner by his own ID and subsequently it was withdrawn. Thus, the entire liability of the defalcation goes to the co-accused bank official and as a matter of fact the petitioner is not the staff or officer of the bank and his saving bank account has been misused by bank accountant

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Patna High Court CR. MISC. No.7408 of 2022(3) dt.07-12-2022 3/4

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Mukesh Ranjan Verma. The co-accused has deposited Rs. 35 lakh in the bank and he has been granted anticipatory bail by a Coordinate Bench vide order dated 20.10.2022 passed in Cr. Misc. No. 27895 of 2022. The petitioner is in custody since 23.09.2021 and charge-sheet has been submitted. The petitioner has got no criminal history.

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Learned APP opposes the prayer for bail submitting that petitioner along with co-accused defalcated an amount of about Rs. 47 lacs.

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Perused the records.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and further considering lack of substantive material against the petitioner on record and also considering the clean antecedent of the petitioner along with the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Begusarai in connection with Dandari P.S. Case No. 84 of 2019, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

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Patna High Court CR. MISC. No.7408 of 2022(3) dt.07-12-2022 4/4

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(i) One of the bailors will be a close relative of

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the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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himanshu/-

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U T

Prem Sagar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Sagar Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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