Patna High CourtCR. MISC./36287/2015bail granted

Pankaj Kumar Yadav v. The State Of Bihar

2015-08-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36287 of 2015 Arising Out of PS.Case No. -228 Year- 2015 Thana -BANKA District- BANKA ====================================================== Pankaj Kumar Yadav Son of Sri Umesh Prasad Yadav Resident of village - Kenduar, P.S. Fullidumar ( Amar Pur ), District - Banka, Proprietor of M/S Shiv Shakti Rice Mill, Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Kumar, adv. For the Opposite Party/s : Mr. Anuj Kr.Srivastava(App) For the B.S.F.C. : Mr.S.K.Singh, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Banka P.S.Case No.228/15, G.R. No.766/15 for the offence under Sections 406 and 420 of the I.P.C.

Learned counsel for the petitioner submits that though allegation has been made against the petitioner of defalcation of total amount of Rs.43,52,776/-. The petitioner after lodging of the F.I.R. had deposited an amount of Rs.5/- lacs. He further submits that the petitioner is further willing to make deposit 20% of the amount so alleged in the F.I.R. Considering the aforesaid offer made by the

Patna High Court Cr.Misc. No.36287 of 2015 (2) dt.21-08-2015 2/2 petitioner and not objected by the learned counsel for the B.S.F.C. let the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in Banka P.S. Case No.228 of 2015, G.R.Case No.766/15 subject to the conditions as laid down in Section 438(2) of Cr.P.C. and the petitioner shall deposit the said 20% amount within a period of eight months from today. It is made clear that after calculation of the said 20% of the alleged defalcated amount Rs.5/- lacs already deposited shall be deducted therefrom.

(Anjana Mishra, J) AnilKrSinha/- U T