Sekhar Kumar Bandyopadhyay @ Shekhar Bandyopadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2422 of 2019 Arising Out of PS. Case No.-309 Year-2009 Thana- AURANGABAD TOWN DistrictAurangabad ======================================================

1. Sekhar Kumar Bandyopadhyay @ Shekhar Bandyopadhyay Sitanasu Bandyopadhyay resident of house no. 337/2 Anjangarh, Police StationShyam Nagar Jagdal, Distt.- 24 Pargana (West Bengal) ... ... Petitioner

Versus

1. The State of Bihar

2. Shailesh Kumar Hari Charan Singh resident of Village- Tufanganj, Police Station - Amas, Distt.- Gaya. (Bihar) ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Aurangabad Town P.S. Case No. 309 of 2009 for the offence under Sections 406, 420, 467, 468/34 of the Indian Penal Code. There are seven persons named in the First Information Report on the allegation of misappropriation of a sum of Rs.1,15,000.00 deposited by the insurance holders. The petitioner was not named in the First Information Report. Learned counsel appearing on behalf of the petitioner submits that his name has surfaced in course of investigation and there is no tangible material to connect this petitioner with the offence alleged. He has referred to an order,

Patna High Court Cr.Misc. No.2422 of 2019(2) dt.21-01-2019 2/2 dated 16.08.2018 passed in Cr. Misc. No. 47044 of 2018, whereby similarly circumstanced co-accused Dhiraj Prasad @ Dhiraj Kumar Prasad has been granted anticipatory bail. Considering the fact that similarly circumstanced co-accused has been granted anticipatory bail, 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., Aurangabad, in Aurangabad Town P.S. Case No. 309 of 2009, 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