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2026 Supreme(Online)(Pat) 13679

PATNA HIGH COURT
Varun Kumar Chouhan
Cr.Misc.-14625/2025



IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14625 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- KAMTAUL District- Darbhanga ======================================================

Varun Kumar Chouhan S/O Sri Baidyanath Singh R/O Vill. and Post.- Maheshwara, P.S.- Benibad, Dist.- Muzaffarpur, Pin- 847107, Mob-

9939093777, Aadhar- 365835234449 ... ... Petitioner/s Versus

1. The state of Bihar

2. The Union of India, Through Raju Jha, Postal Inspector, North Sub Division, Darbhanga. Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Sanjay Jha, Advocate For the U.O.I. : Mr.Kumar Gangesh Gunjan, Advocate For the State : Mr.Jharkhandi Upadhyaya, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

15 13-03-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State, learned counsel for the Union of India, Superintendent of Post office, Darbhanga and I.O. of the case.

2. The petitioner apprehends his arrest in connection with Kamtaul P.S. Case No. 94 of 2024 registered for the offence under Sections 409, 420 of the Indian Penal Code.

3. As per the prosecution case, petitioner is accused of defalcating money of the post office.

4. The S.P.O., Darbhanga has submitted that the current defalcated amount due from the petitioner is Rs.

24,36,964/-

5. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel next submits that the petitioner without accepting the guilt is ready to deposit the entire amount in one year.

6. Learned counsel for Bank has also supported the submission of learned counsel for the petitioner.

7. In view of the settlement between the parties, this application is allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on provisional anticipatory bail for a period of one year from today on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Darbhanga /concerned Court below in connection with Kamtaul P.S. Case No. 94 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS. 9. It is made clear that the provisional bail granted to the petitioner will be subject to the fact that he will pay Rs. 24,36,964/- to the Bank in twelve monthly installments which comes to around Rs. 2,03,080/- per installment and the bail bonds of the petitioner shall only be accepted if he produces a demand draft of Rs. 2,03,080/- i.e. the first installment in the name of the Bank. Once, the whole agreed amount of Rs. 24,36,964/- is paid to the Bank then the provisional anticipatory bail granted to the petitioner shall be confirmed.

10. This application stands disposed of and the personal appearance of the S.P.O., Darbhanga and I.O. of the case is, hereby, dispensed with.

(Sandeep Kumar, J)

tusharika/-

U T

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