Raj Kumar Tiwari vs State Of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioner personally undertakes to remove the defects pointed out by the Stamp Reporter within two weeks after the

lockdown is over.

In view of the personal undertaking given by learned counsel for the petitioner the defects pointed out by the Stamp Reporter are ignored for the

present.

The petitioner has been made accused in connection with Daltonganj Town P.S. case no. 378 of 2019 registered under sections 467, 468, 471, 409,

420, 120B of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that the petitioner is a member of gang of miscreants

who are indulged in cloning of cheque and withdrawing money from unsuspecting government account where huge amount of money lay idle. It is

then submitted by learned counsel for the petitioner that the allegation against the petitioner is false. It is further submitted by learned counsel for the

petitioner that a total Rs. 12,60,00,000/- was defalcated from the account of Special Land Acquisition Officer, North Koyal Project, Medninagar

maintained in SBI Main Branch, Daltonganj which was transferred by NEFT to two different accounts, one of Chandulal Patel and another of Shital

Construction. Drawing further attention of the court to page 52, internal page 6 of the supplementary charge sheet, learned counsel for the petitioner

submits that the petitioner is not named in the FIR and petitioner has been implicated in this case on the allegation that the one of the main accused

namely Amit Chandulal Patel transferred some amount of money to the account of Manish Kumar Pandey under whom, the petitioner was working as

a petty contractor and in total Rs. 3,66,100/- has been transferred to the account petitioner by the co-accused Manish Kumar Pandey for the work

rendered to him in several installments running over considerable period of time and the petitioner had no knowledge about transactions between Amit

Chandulal Patel and Manish Kumar Pandey and charge sheet has already been submitted against the petitioner. It is further submitted by learned

counsel for the petitioner that the petitioner has been in jail custody since 14.07.2020 as mentioned in paragraph 1 of the bail application and the

petitioner is ready and willing to co-operate with the trial of the case hence, the petitioner may be released on bail.

Learned Addl. P.P. opposes the prayer for bail of the petitioner. Considering the facts of the case, the petitioner is directed to be released on bail on

furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM,

Palamau in connection with Daltonganj Town P.S. case no. 378 of 2019 subject to the condition that the petitioner will co-operate with the trial of the

case.