Anil Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1993 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== Anil Thakur Son of Ramswarup Thakur Resident of Village- Bandhudih, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Shambhuganj P.S. Case No. 199 of 2019, registered for the offence punishable under Sections 406, 409, 420, 467, 468 and 34 of the Indian Penal Code.

Prosecution case is that, petitioner was Mukhiya and he along with Jan Sevak Basudeo Ram, handed over a cheque of Rs. One lakh to the Contractor instead of making payment in his account and the said cheque was manipulated and instead of withdrawing Rs. One lakh, Rs. Twenty One lakh was withdrawn from the Bank, which was defalcated by the Contractor in connivance with the petitioner. It is submitted that petitioner has falsely been

Patna High Court CR. MISC. No.1993 of 2020(2) dt.25-02-2020 2/3 implicated in this case. Earlier, a case was filed by Jan Sevak Basudeo Ram, bearing Shambhuganj P.S. Case No. 160 of 2017 against the Contractor. Similarly situated co-accused Basudeo Ram has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 23.01.2020 passed in Cr. Misc. No. 181 of 2020. Petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 199 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

Patna High Court CR. MISC. No.1993 of 2020(2) dt.25-02-2020 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T