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2025 DAILYLAW 28030 (JHR)

PAPPU KUMAR YADAV ALIAS PAPPU YADAV v. THE STATE OF JHARKHAND

B.A./9455/2024 · 2025-03-24

Ambuj Nath

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Judgment text

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 9455 of 2024 ------- Pappu Kumar Yadav @ Pappu Yadav, aged about 26 years, son of Amin Yadav, resident of Khori Panan, P.O. & P.S. Jasidih, District Deoghar, Jharkhand. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Dharmendra Kumar .…. …. Opp. Parties WITH B.A. No. 9679 of 2024 ------- Jitendra Kumar Yadav, aged about 33 years, son of Santosh Yadav, resident of village Ranga, P.O. Banka, P.S. Jasidih, District Deoghar. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Dharmendra Kumar .…. …. Opp. Parties WITH B.A. No. 10442 of 2024 ------- Sintu Kumar Mandal, aged about 26 years, son of Sri Shambhu Mandal, resident of village Bara Dhawana, P.O. Kenmankathi, P.S. Jasidih, District Deoghar. …... …. Petitioner(s) Versus 1. The State of Jharkhand 2. Dharmendra Kumar .…. …. Opp. Parties -------- CORAM : HON’BLE MR. JUSTICE AMBUJ NATH -------- For the Petitioner(s) : Mr. Indrajit Sinha, Advocate Mr. Pran Pranay, Advocate For the State : Mr. Pankaj Kr. Mishra, A.P. P. Mr. Tarun Kumar, A.P.P. Mr. Rakesh Ranjan, A.P.P. For the Opp. Party No.2 : Mr. Lakhan Chandra Roy, Advocate -------- 06/ Dated 24.03.2025 Heard the parties. All these three bail applications arise out of the same police case and as such, these bail applications are being disposed of by this common order. The petitioners have been made accused in connection with Jasidih P.S. Case No. 297 of 2024, for the offence registered under Sections 316(5), 318(4) & 61(2) of B.N.S., 2023, pending in the court of learned Additional Chief Judicial Magistrate, Deoghar. Petitioner Pappu Kumar Yadav @ Pappu Yadav was the In-charge of liquor shop situated at Manikpur. Petitioners Jitendra Kumar Yadav and Sintu Kumar Mandal were Assistants, who were working in the said shop. -2- The informant alleged that during surprise inspection by JSBCL, it transpired that Rs.64,76,992.38/- was defalcated by the accused persons. The informant has filed an audit report to substantiate the allegation. Learned counsel for the petitioners Jitendra Kumar Yadav and Sintu Kumar Mandal submitted that the petitioners were merely the staffs of the said shop and had got nothing to do with the sale and deposit of sale proceeds of liquor in the bank. It was further submitted that initially, the allegation was made that the accused persons had defalcated Rs.41,70,724/-, but in the audit report, it has been shown that about Rs.65 Lakhs were defalcated. It was finally submitted that account was not audited in a routine manner, but after this case was registered, the account was audited. Petitioner Pappu Kumar Yadav @ Pappu Yadav was In-charge of Wine Shop and as such, it was his sole responsibility to deposit the sale proceeds and Rs. 65 Lakhs were not deposited. In view of the aforesaid fact, I am not inclined to release the petitioner Pappu Kumar Yadav @ Pappu Yadav, on bail. Accordingly, his prayer for bail is hereby rejected. As far as petitioners Jitendra Kumar Yadav and Sintu Kumar Mandal are concerned, I am inclined to release the petitioners, on bail. Accordingly, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Deoghar, in connection with Jasidih P.S. Case No. 297 of 2024. (Ambuj Nath, J.) BS/-