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2025 DAILYLAW 2668 (PAT)

Manoj Kumar Thakur v. The State of Bihar

CR. MISC./37573/2025 · 2026-02-20

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37573 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Manoj Kumar Thakur Son of Late Indra Narayan Thakur Resident of village - Panda Tola, Gauripur, Ward No.- 3, Nagar Panchayat Singheshwar, P.S.- Singheshwar, District - Madhepura. ... ... Petitioner/s Versus 1. The State of Bihar 2. rakesh kumar srivastava, son of late arun kumar srivastava r/o vill- chanda talkies, road madhepura, ward no. 21, ps and distt- madhepura ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 8 20-02-2026 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No. 358 of 2024 dated 09.09.2024 registered under section 316(4), 318(4) of the B.N.S. 2023. 3. The prosecution case in short is that the petitioner misappropriated an amount of Rs. 42,09,375/- of the Mandir Nyas Samiti, Singheshwar while working on the post of Cashier. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has not committed any offence in the manner alleged. He submits that Rakesh Kumar Srivastava the present Cashier and Sravan Kumar, Computer Operator have withdrawn the amount in the period of petitioner which was expend by the Patna High Court CR. MISC. No.37573 of 2025(8) dt.20-02-2026 2/3 petitioner in Mandir work and requested to adjust the amount from the bill voucher. The said Rakesh Kumar Srivastava after taking charge of Nyas Samiti as Cashier has levelled false charges against the petitioner with oblique motive in relation to misappropriation of money of the Mandir. The petitioner in his show cause reply has taken a defense that he invested the amount in different construction work and miscellaneous work of the Mandir upon the direction of the authorities of Mandir Nyas Samiti. The petitioner on several occasion went to Bank for depositing the amount in coin and Nepali note but the Bank authority refused to receive the said amount. Petitioner several times produced the account register, cash register, bank panji, coin panji before the Manager, Treasurer and the then Secretary but due to their busy work schedule they did not sign the registers. I have heard learned counsel for petitioner and perused the material on record. Taking into consideration nature of allegation and the fact that prima facie it is a case of financial irregularity coupled with fact that learned Additional Sessions Judge-2, Madhepura while refusing the prayer for anticipatory bail has taken note of the fact that the petitioner failed to produce any evidence/vouchers in respect of expenditure and Patna High Court CR. MISC. No.37573 of 2025(8) dt.20-02-2026 3/3 informant including other witnesses in paragraph nos. 2, 3, 20, 32 & 47 has supported the prosecution case, as such, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. praful/- (Anil Kumar Sinha, J) U T