Nitish Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50137 of 2014 Arising Out of PS.Case No. -31 Year- 2013 Thana -BALUA BAZAR District- SUPAUL ====================================================== Nitish Kumar Nirala S/O Yogendra Argaria Resident of Village- Matiyari, P.S.- Baluwa Bazar, District- Supaul.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Parmeshwar Mehta, Advocate. For the Opposite Party : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2015 Heard both sides.

Petitioner apprehends his arrest in a case in connection with Balua Bazar P.S. Case No. 31 of 2013 under Section 409 and other Sections of the I.P.C.

The Branch Manager of Uttar Bihar Gramin Bank, Balua Bazar Branch, alleged that Chandan Kumar Kezriwal was an assistant of the Bank and within his tenure he withdrew huge amount from the accounts of different account holders. It is alleged that in the account of the petitioner, Nitish Kumar Nirala, Rs. 60,000/- was credited on 11.06.2013 and the same amount was transferred in the name of Jyotish Kumar and the amount was withdrawn through A.T.M.

Patna High Court Cr.Misc. No.50137 of 2014 (2) dt.10-04-2015 2 / 2 It is submitted that the petitioner had no knowledge about credit and transfer of the aforesaid amount. From perusal of the contents of the F.I.R. itself, it appears that Chandan Kumar, an assistant of the Bank, did all illegal acts and thereby defalcated the huge amount from the accounts of different account holders. The petitioner is a school teacher.

On the other hand, learned Additional P.P. opposed the prayer for anticipatory bail.

Considering the facts aforesaid, the petitioner above named, is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within four weeks from the date of receipt/production of a copy of the order on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Supaul, in connection with Balua Bazar P.S. Case No. 31 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

U.K./- (Prabhat Kumar Jha, J) U T