Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8951 of 2024 Arising Out of PS. Case No.-175 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Jitendra Kumar S/o Atar Singh R/o Vill - Accheja Bujurg, P.S. - Dankaur, Dist. - Gautam Budha Nagar (U.P.), presently posted at - Office Assitant, Uttar Bihar Gramin Bank, Sisai Bazar Branch, under Regional Office, P.S. - Bhore, Dist. - Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Regional Manager, Uttar Bihar Gramin Bank Regional Office, Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Adv.
Mr. Ram Binod Singh, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP For UBGB :
Mr. Prabhakar Jha, Mr. Mukund Mohan Jha, Advocates.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024 Heard Mr. Bindhyachal Singh, learned senior counsel for the petitioner, Mr. Prabhakar Jha, learned counsel appearing for Uttar Bihar Grami Bank and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered in connection with Bhore PS Case No. 175/2023 for the offences punishable under Sections 420, 406, 467, 468 and 471 IPC.
3. The learned senior counsel for the petitioner submits that the Branch Manager of the Bank, Dharmendra
Patna High Court CR. MISC. No.8951 of 2024(4) dt.12-07-2024 2/3 Kumar Singh had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 8445 of 2024 and the same was allowed by an order dated 04.03.2024 with certain conditions. It is next submitted that the petitioner was working as an Assistant in the bank and he also came to be implicated in the instant case along with Dharmendra Kumar Singh with an allegation that an amount of Rs. 34,35,274/- of the customers was defalcated by the accused persons. It is further submitted that the petitioner would not abscond rather would co-operate in the investigation.
4. Learned A.P.P. and the learned counsel appearing for the Bank opposed the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Bhore PS Case No. 175/2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.8951 of 2024(4) dt.12-07-2024 3/3 Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.
7. It is further made clear that in the event if the police after investigation submits the charge sheet connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) perwez U T