Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2768 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Awadhesh Kumar Son of Late Jageshwar Yadav, Resident of Village - Mufati, P.O. - Lalbagh, P.S. - Darbhanga Sadar, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/409/420/467/468/471/120(B)/34 of the Indian Penal Code and Sections 66(B), 66(C), 66(D) and 66(E) of the I.T. Act. Diary in this case was called for earlier which has since been received.

Learned Senior Counsel appearing on behalf of petitioner submits that all through the investigation, the material which has surfaced as against one Suman Kumar and not against this petitioner and only factum which has come in the case of the petitioner is that he is an Assistant Manager of the concerned Bank where fraudulent transaction has taken place. So far as the Account

Patna High Court Cr.Misc. No.2768 of 2016 (3) dt.25-04-2016 P2/2 holder Suman Kumar is concerned, his account was opened by the Chief Manager and not this petitioner.

Considering the aforementioned facts and circumstances and also that there is no further material in the case diary so as to implicate the petitioner in the fraudulent transactions of the branch and defalcation to the tune of rupees thirty lacs which led to the filing of the present case, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 225 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T