Sri Nitish Kumar @ Nitish Kumar v. The State Of Bihar And Another
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15388 of 2019 Arising Out of PS. Case No.-249 Year-2018 Thana- SALIMPUR District- Patna ====================================================== SRI NITISH KUMAR @ NITISH KUMAR son of Sri Kamakhya Roy, Resident of -Gayaspur, P.S.- Salimpur District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mr. K.K. Kala Regional Manager Central Bank of India, Patna Region Mauryalok Complex, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Usha Kumari Singh For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2019 Heard.
The petitioner apprehends his arrest in connection with Salimpur P.S. Case No.249 of 2018 registered under Sections 406, 420 and 409/34 of the Indian Penal Code.
The accusation is that on the complaint of one Sangeeta Devi about illegal withdrawal of Rs.1,72,000/- from her Savings Bank Account No.3407337578, enquiry was done. In that course, it was detected that from the accounts of 9 account holders including Sangeeta Devi, Rs.38,16,000/- was illegally withdrawn in collusion of the petitioner, B.C. of the concerned Bank, with one Abhishek Kumar alias Vipul, who was working as Generator Operator in the concerned Bank.
Learned counsel for the petitioner submits that out of
Patna High Court CR. MISC. No.15388 of 2019(7) dt.15-07-2019 2/2 Rs.38,16,000/-, which is said to be illegally withdrawn, from the savings bank accounts of 9 account holders, Rs.37,50,150/- has already been realized and Rs.65,850/- has also been realized by the concerned Bank.
On the other hand, learned counsel appearing for the bank submits that out of Rs.38,16,000/-, illegally withdrawn from the 9 savings bank accounts, Rs.65,850/- is still to be deposited in the Bank.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Barh, Patna, in connection with Salimpur P.S. Case No.249 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C., on showing the receipt of deposit of Rs.65,850/- in the concerned Bank, on protest. (Rajendra Kumar Mishra, J) P.S./- U T