IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47406 of 2025 Arising Out of PS. Case No.-619 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== RAJPAT KUSHWAHA @ RAJPATI KUSHWAHA Son of Late Buddhiram Bhagat Resident of Barwa Raja Pakad, Gurwaliya, P.S.- Turkpatti, District - Kushinagar, Uttar Pradesh. ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Mritunjay Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 13-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2. The petitioner seeks bail in connection with Bettiah Muffasil P.S. Case No. 619 of 2024 registered for the offence under Sections 316(2), 318(4), 61(2) of the BNS, 2023. 3. As per the prosecution case, the petitioner and other accused person are alleged to have defalcated Rs. 9 lakhs. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. 5. Learned counsel for the petitioner further submits that the petitioner is in custody since 28.03.2025 and the petitioner, without prejudice to his rights and without Patna High Court CR. MISC. No.47406 of 2025(4) dt.13-10-2025 2/3 accepting his guilt, is ready to deposit 5 lakhs in the Court below in the name of the transporter. 6. Learned counsel for the informant has opposed the application of the petitioner and has submitted that the co- accused, who was the driver of the truck, is still absconding. 7. Considering the aforesaid facts, this application is allowed. 8. Let the petitioner, above named, be released 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 CJM, Bettiah/concerned Court below in connection with Bettiah Muffasil P.S. Case No. 619 of 2024. 9. As a condition of this order, the petitioner, at the time of furnishing his bail bonds, will produce a demand draft of Rs. 5 lakhs in the name of the transporter and only after the same, the bail bonds of the petitioner shall be accepted. The demand draft of Rs. 5 lakhs should be released in favour of the transporter by the Court below. 10. The Superintendent of Police, West Champaran is directed to take all steps for arrest of the absconding accused and file compliance report in this Court before the next date of hearing. Patna High Court CR. MISC. No.47406 of 2025(4) dt.13-10-2025 3/3 11. List this case after four weeks for perusal of the report. 12. Learned counsel for the petitioner is directed to handover a copy of the brief upon the learned counsel for the State Shri Jharkhandi Upadhyay in the course of the day. Vikas/- (Sandeep Kumar, J) U