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2025 DAILYLAW 7212 (PAT)

Deepesh Kumar v. The State of Bihar

CR. MISC./80062/2025 · 2026-07-16

Ranjan Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 80062 of 2025 Arising Out of PS. Case No.-626 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Deepesh Kumar S/o Suresh Prasad Shrivastava @ Suresh Prasad R/o Village- Mangalpur Gudariya, P.S- Nautan, Dist- West Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Nilesh Kumar S/o- Shankar Kumar Singh Manager CMJ Info System LTD Motihari P.S. - Motihari District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 5 16-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Motihari Town Police P.S. Case No. 626 of 2023 registered for the offences punishable under Sections 406, 409, 420, 381/34 of the BNS. 3. The FIR alleges that on 13.09.2023, while transporting and loading cash into ATMs, Rs. 5 lakh went missing. During the operation, Rs. 26 lakh was transferred between custodians without any acknowledgment or receipt, contrary to company procedure. As none of the custodians could Patna High Court CR. MISC. No. 80062 of 2025(5) dt.16-07-2026 2/3 satisfactorily explain the discrepancy and the shortage remained unresolved even after an audit, the informant sought criminal action against Raviranjan Pandey, Mohd. Sameeullah, Dipesh Kumar, and Gulshan Kumar, alleging misappropriation/negligence in the discharge of their custodial duties. 4. Learned counsel appearing on behalf of the petitioner submits that he is ready to pay his share out of four persons to the loss of Rs. 5,00,000/- to informant. 5. Learned APP opposed the prayer of bail. 6. Considering the rival submission, let above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on provisional bail furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned Court, Motihari, District-East Chamaparan where the case is pending in connection with Motihari Town Police P.S. Case No. 626 of 2023 subject to the conditions as laid down under Section 482(2) of the BNSS with further conditions that: (i) One of the bailors shall be father of the petitioner. Patna High Court CR. MISC. No. 80062 of 2025(5) dt.16-07-2026 3/3 (ii) The amount of Rs. 50,000/- shall be paid to the informant bank on the date of release/furnishing of bail bond either through cash/bank account/cheques duly acknowledged by informant, failing which the bail bond shall not be accepted by the learned Trial Court itself. (iii) As undertaken by the petitioner he has to pay the rest amount of Rs. 75,000/- in three equal monthly installments to the informant bank. (iv) After payment of third installment the Trial Court shall confirm the provisional bail of the petitioner. rishabh/- (Ranjan Kumar Jha, J) U T