Bishwajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8977 of 2022 Arising Out of PS. Case No.-226 Year-2019 Thana- DHURAIYA District- Banka ====================================================== Bishwajit Kumar Son of Pankaj Prasad Singh Resident of Village - Rifayatpur, P.s.- Dhoraiya, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 226 of 2019 registered for the offence under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 20.11.2021.

The allegation against the petitioner is to cheat different customers as one of the employee of Customer Service Point and not to deposit Rs.9,02,000/- (Rupees Nine Lakh Two Thousand), collected from different customers, to the bank. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.8977 of 2022(3) dt.25-07-2022 2/3 submitted that for the same set of occurrence, two cases were lodged against the petitioner, one by the customers and another by Branch Manager of the bank. It is submitted that the allegation of misappropriation is completely baseless. It is further submitted that informant/complainant compromised this matter and received his amount. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as matter has been compromised between the parties coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dhoraiya P.S. Case No. 226 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.8977 of 2022(3) dt.25-07-2022 3/3 till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(iii) That one of the bailors shall be Rabina Devi, who is the mother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T