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2025 DAILYLAW 17873 (JHR)

KAUSHAL KUMAR SINHA v. THE STATE OF JHARKHAND THROUGH ACB

B.A./5853/2024 · 2025-02-28

Ambuj Nath

body2025

Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5853 of 2024 ------ Kaushal Kumar Sinha, aged about 62 years, S/o. Late Mathura Prasad Sinha, R/o. Kansari Tola, Ward No. 5, Saraikela, P.O. & P.S.- Saraikela, Dist.- Seraikela-Kharsawan. … … Petitioner -Versus - The State of Jharkhand ... … Opposite Party ------ CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH ------ For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mr. Anjani Kumar, Advocate For the State : Mrs. Priya Shrestha, Spl.P.P. ------ 13/28.02.2025 Heard the parties. 2. The petitioner has been made accused in connection with Vigilance Case No.05/2021 arising out of Saraikela P.S. Case No. 120/2020, for the offences registered under Sections 419, 420, 406, 409, 467, 468, 471, 472 & 120B/34 of the I.P.C., pending in the Court of learned Special Judge-A.C.B., West Singhbhum at Chaibasa. 3. The bail application of the petitioner was earlier allowed by this Court in B.A. No. 11265/2021 vide order dated 05.01.2022 with the certain direction. 4. It is alleged that one Vijay Kumar Singh had procured loan from Gramin Bank to the tune of Rs. 2.5 crores. It appears that about Rs. 55 Lakhs were transferred to this petitioner, out of which, he had transferred about Rs. 40 Lakhs to the account of Vijay Kumar Singh and misappropriated the remaining amount Rs. 15 Lakhs. 5. While granting bail to the petitioner, this court had directed the petitioner to deposit 25% of the misappropriated amount at the time of furnishing bail bond and the remaining amount was directed to be deposited by the petitioner within six months. It appears that the petitioner did not deposit 25% of the misappropriated amount due to which the learned Court below cancelled the bail of the petitioner. 6. Learned Senior counsel appearing on behalf of the petitioner submitted that the petitioner has deposited 35% of the misappropriated amount in the Treasury Office, Chaibasa. It was further submitted that the remaining amount will be deposited within six months. 7. In view of the fact that the petitioner has deposited the part of misappropriated amount and the remaining amount will be deposited within six months, I am inclined to release the petitioner, on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge-A.C.B., West Singhbhum at Chaibasa in connection with Vigilance Case No.05/2021 arising out of Saraikela P.S. Case No. 120/2020. (Ambuj Nath, J.) Rahul/-