Nirbhay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36112 of 2018 Arising Out of PS.Case No. -898 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Nirbhay Kumar Pandey, Son of Sanjay Prakash Pandey, Resident of Village- Roari, P.S. Shikarpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivek Anand Kumar, Advocate. Mr. Usha Kiran Hazari, Advocate.

Mr. Ajay Kumar, Advocate.

For the State : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Hajipur Town P.S. Case No. 898 of 2017 instituted for the offence under Sections 406 and 120(B) of the Indian Penal Code. The instant case has been filed by the informant who is DSE of Bandhan Bank on 22.12.2017 alleging that from July, 2017 to August, 2017, during course of meeting with loanees, complaint has been received by the informant with regard to amount deposited by them has not been shown in their account. The informant brought the complain to the notice of cluster team member, who enquired the matter and found that the petitioner who was posted as Door Step Banking Officer has collected the

Patna High Court Cr.Misc. No.36112 of 2018 (5) dt.19-07-2018 2/3 amount from loanees and has not deposited the same. It is alleged that the petitioner has misappropriated an amount of Rs.68,400/- but no supporting document with regard to the aforesaid allegation has been filed.

Learned counsel for the petitioner has submitted that petitioner was working as Door Step Banking Officer in the Bandhan Bank Limited. He was terminated on 13.10.2017 (Annexure-2). It has further been submitted that the instant case has been lodged by the informant just on account of personal grudge after termination of service of the petitioner from the Bank.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Hajipur Town P.S. Case No. 898 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hajipur, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions

(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall

Patna High Court Cr.Misc. No.36112 of 2018 (5) dt.19-07-2018 3/3 cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T