Lalan @ Lalan Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3269 of 2019 Arising Out of PS. Case No.-51 Year-2008 Thana- SAHARSA District- Saharsa ====================================================== Lalan @ Lalan Kumar son of Late Rameshwar Prasad Gupta Resident of Mohalla- Gandhipath Ward No. 21, P.S. and District- Saharsa. ... ... Petitioner

Versus

1. The State of Bihar

2. Sanjay Kumar son of Kaleshwar Prasad Sharma Resident of VillageGandhipath, P.S. and District- Saharsa. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Saharsa Sadar P.S. Case No. 51 of 2008 for the offence under Sections 406, 409, 420, 120B and 504 of the Indian Penal Code. It is alleged that the complainant, with the purpose of saving, had been giving the petitioner a sum of Rs.200.00 per day to be deposited in an account of Central Bank Employees Saving and Sakha Swablambi Sahkari Samiti Limited. It is alleged, instead of depositing in the appropriate account, the petitioner misappropriated for his personal use. Learned counsel appearing on behalf of the petitioner has referred to Annexure-2 of this application to say that the complainant has no more any grievance against the

Patna High Court Cr.Misc. No.3269 of 2019(2) dt.24-01-2019 2/2 petitioner as the entire amount has been received by the complainant.

Considering the aforesaid submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in Saharsa Sadar P.S. Case No. 51 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T