Satyanand Lal Das @ Shree Satyanand Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14703 of 2020 Arising Out of PS. Case No.-288 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== SATYANAND LAL DAS @ SHREE SATYANAND LAL DAS Son of Late Surya Kant Das Resident of Village - Barahpathar Ward No. 15, P.S.- Samastipur Town, Distt - Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Branch Manager, District Central Co - Operative Bank Ltd, Court Compound Kashipur Samastipur. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bakshi S.R.P. Sinha, Sr. Adv.

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP For the Bank :

Mr. Rajeev Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-09-2020 Heard Sri Bakshi S.R.P. Sinha, the learned Senior Counsel for the petitioner, Sri Rajeev Ranjan, the learned counsel appearing for the Bank and Sri Dinesh Singh, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Samastipur Town P.S. Case No. 288 of 2019 registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code.

The allegation is regarding the petitioner

2/4 being a collecting agent of the Bank and in the process, over a period of years, having misappropriated depositors money to the tune of Rs. 30,00,000/- an odd.

The learned Senior Counsel for the petitioner has submitted that a bare perusal of the F.I.R. would show that the period, during which the money is stated to have been misappropriated by the petitioner, has not been stated and a vague allegation has been levelled against the petitioner. It is further submitted that the Branch Manager of the Samastipur Branch of the Bank in question has filed the F.I.R. only to save his skin inasmuch as he is the main culprit. It is further submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. Lastly, it is submitted that the petitioner is ready to join investigation.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by

3/4 the learned counsel for the petitioner and taking into account the materials available on record, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, however, subject to certain conditions.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Samastipur in connection with Samastipur Town P.S.Case No. 288 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the

4/4 anticipatory bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T