Allowed

Rajesh Mandal v. The State of Bihar

Patna HC19 Mar 2024CR. MISC./12841/2024

Case brief

AI extract

What is this about?

Petitioner apprehending arrest in a complaint case alleging defalcation of Rs. 2,65,000 of government Saat Nischay scheme funds sought anticipatory bail. The court heard counsel, considered his claim of false implication due to political rivalry and ward member's authority over cheques, and granted conditional pre-arrest bail.

What did the court decide?

Conditional bail upon arrest or surrender within six weeks, on furnishing bond of Rs. 10,000 with two sureties of like amount each.

Rajesh Mandal Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12841 of 2024

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Arising Out of PS. Case No.-1169 Year-2021 Thana- COMPLAINT CASE District- Araria

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

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Rajesh Mandal Son of Late Kare Mandal Resident of Village- Kahawaspur, Ward No. 13, P.S.- Simraha, District- Araria

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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Dilip Bahardar Son of Achin Bharadar Resident of Village- Kahawaspur, Ward No. 13, P.S.- Simraha, District- Araria

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bidhu Ranjan, Advocate Mr. N . K . Agrawal , Advocate Mr. Diksha Kumari , Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 19-03-2024

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Heard learned counsel for the petitioner and the

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State.

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Petitioner apprehends arrest in a case registered for the offence punishable under sections 406, 409, 420, 384, 34 and 120B of the Indian Penal Code .

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As per the prosecution case, it is alleged that on 1806-2019 and 19-06-2019, by means of three different transactions this petitioner is alleged to have withdrawn Rs. 2,65,000/- and the gave the passbook and cheque to other coaccused and, as such, he defalcated the alleged money of the government scheme ( Saat Nischay ) for the year 2018-2019 of Panchayat - Khawaspur , District- Araria .

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Patna High Court CR. MISC. No.12841 of 2024(3) dt.19-03-2024 2/3

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It is submitted on behalf of the petitioner that he has falsely been implicated in this case due to political rivalry . At the relevant time, the petitioner was the work agent for the work in question. There is no such allegation that the work in question was not completed. The alleged cheque book bears the signature of the complainant because at the relevant time he was a ward member of the aforesaid Panchayat in question , and the power to sign the check has been vested to the ward member. He further submits that the alleged account was operated by the complainant himself and he used to issue a check for the amount received by him in his account by the government, Gram Panchayat , for the payment of material and labour charges. As a matter of fact, if the complainant has not issued any cheques then he should have been protested before the bank in regard to the withdrawal of alleged amount. Hence , this petitioner has not withdrawn or defalcated the the aforesaid amount by any illegal means or without the consent of the complainant, and as such, no offence as alleged is made out against him.

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Learned counsel for the State opposes the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances

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Patna High Court CR. MISC. No.12841 of 2024(3) dt.19-03-2024 3/3

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of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 2^nd Class Araria in connection with C . A Case No. 1169 of 2021 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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(Prabhat Kumar Singh, J)

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Koushik/-

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U T

Rajesh Mandal v. The State of Bihar

Case brief

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Rajesh Mandal v. The State of Bihar

Case brief

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