Gulam Sarvar Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3382 of 2023 Arising Out of PS. Case No.-657 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== GULAM SARVAR ANSARI Son of Wali Ahmad Ansari @ Bali Ahmad Ansari Resident of Village- Khapra, P.S.- Akorhi Gola, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 and 406 of the Indian Penal Code.
The petitioner, being Relationship Executive of Bandhan Bank, is said to have defalcated Rs.4,85,921/- of 69 customers collected by him.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous grudge. As a matter of fact, the petitioner has deposited Rs.3,38,230/- in the alleged branch of the Bank and rest money is present near the customers. It is further submitted that no
Patna High Court CR. MISC. No.3382 of 2023(2) dt.29-03-2023 2/3 offence is made out under Section 420 IPC. It is also submitted that the petitioner is ready to deposit the rest amount, as calculated by the Bank in his presence, within six months. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case as well as the fact that the petitioner is ready to deposit the rest amount as calculated by the Bank in his presence, let the above named petitioner, be released on provisional bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Brahampur P.S. Case No. 657 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The learned Court below is directed to confirm the bail bond of the petitioner after satisfying himself that the petitioner has deposited the rest amount as calculated by the
Patna High Court CR. MISC. No.3382 of 2023(2) dt.29-03-2023 3/3 Bank in his presence within six months.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T