Bibhuti Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8169 of 2015 Arising Out of PS.Case No. -547 Year- 2014 Thana -KATIHAR District- KATIHAR ======================================================

1. Bibhuti Jha Son of Late Beda Nand Jha, Resident of Village - Dighri, Police Station - Korha, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Makardhwaj Upadhyay For the Opposite Party/s : Mr. Subhash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 420 and other sections of the Indian Penal Code. Sanjay Kumar, the informant alleged that he is the Secretary of Deshkal Society, having Savings Bank A/C No. 540302010004962 in the Union Bank of India, Katihar Branch. Ajit Kumar Dwivedi is the Treasurer of the Society and Binod Kumar is a member of the Society, who were authorized to withdraw money from the account of the bank. The informant alleged that Binod Kumar withdrew Rs. 25 lakhs from the bank. The bank official is alleged to have changed the mobile number for sending an alert message in connivance with Binod Kumar. It is submitted that Binod Kumar, being the office

Patna High Court Cr.Misc. No.8169 of 2015 (2) dt.03-03-2015 2/2 bearer of the Society, operated the bank account and, from perusal of Annexure-3, it would appear that Binod Kumar with the joint signature of one another member withdrew different amounts regularly from the bank. Binod Kumar filed a petition for change of the mobile number and the petitioner, being an employee of the bank, in good faith, allowed the same. There is no allegation against the petitioner.

Considering the fact that the petitioner is not alleged to have withdrawn any amount from the account of the Society, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged 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 Chief Judicial Magistrate, Katihar in Katihar P.S. Case No. 547/14, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T