Girdhari Singh @ Girdhari Kushwaha v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22945 of 2016 Arising Out of PS.Case No. -46 Year- 2013 Thana -ECONOMIC OFFENCES, BIHAR District- PATNA ====================================================== Girdhari Singh @ Girdhari Kushwaha s/o late Ramkripal Singh .... .... Petitioner/s
Versus
The State of Bihar & Ors .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Informant : Mr. Nishi Nath Ojha, Advocate For Economic Offence Unit : Mr. Akheleshwar Pd. Singh, Sr. Adv. For the State : Mr. Yogeshwar Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-07-2016 Heard the parties.
This application, for grant of anticipatory bail, arises out of Economic Offence Patna P.S. Case No. 46 of 2013, disclosing offences under Sections 406,420,465,467,468,471 and 120B of the Indian Penal Code.
The petitioner was not named in the FIR which came to be registered on the basis of a written report of the Deputy General Manager, Oriental Bank of Commerce, Regional Office, Patna. The main allegation is against accused Sunil Kumar Roy who is said to have defrauded and cheated the Bank by obtaining public money on the basis of forged and fabricated document. It is alleged that the said accused Sunil Kumar Roy obtained demand loan of Rs. 73.57 lacs against forged National Saving Certificates. So far as the present petitioner is concerned, his name surfaced in course of investigation with only allegation
Patna High Court Cr.Misc. No.22945 of 2016 (4) dt.21-07-2016 2/2 against him that he had identified said Sunil Kumar at the opening of the Bank Account. Till date, no material has been collected showing direct involvement of the petitioner as a conspirator with the main accused in obtaining the loan amount on the basis of forged document.
In view of such, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail 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, Patna City in connection with Economic Offence Patna P.S. Case No. 46 of 2013 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner, above named, shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Prakash/- U T