Provisional bail can be granted subject to conditions including repayment to the victim in embezzlement cases.

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 24-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 420 , 379 of Indian Penal Code .

3. Allegation against the petitioner, working at the Bank of India customer service centre, Dilawarpur, is that he embezzled the amount of Rs. 1,00,000/- (one lakh rupees)

rupees from the account of the informant

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has committed no offence. It is contended that he has been falsely implicated due to previous enmity and an existing land dispute between the parties. It is further submitted that the petitioner has already returned a sum of Rs. 15,000/- (fifteen thousand rupees) to the informant and is ready to pay the remaining amount of Rs. 85,000/- in two equal installments. The first installment of Rs. 42,500/- (forty two thousand five hundred rupees) shall be paid at the time of furnishing the bail bond, and the second installment of Rs. 42,500/- (forty two thousand five hundred rupees) shall be paid in the next month. In this regard, he is ready to file an affidavit before the trial Court, at the time of filing of bail bonds. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on provisional bail. The petitioner is directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of his arrest or surrender in connection with Bahadurpur P.S. Case no. 620 of 2022 he will be enlarged on provisional bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS). As per his submission, petitioner shall file an affidavit before the trial Court.

7. After payment of the entire amount to the informant, the Trial Court may confirm the provisional Bail granted to the petitioner after verifying the payment receipts of entire amount ie. Rs. 85,000/- (eighty five thousand rupees) paid by the petitioner to informant.

8. Accordingly, the instant application stands disposed off.

(S. B. Pd. Singh, J)