Guddu @ Guddy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12558 of 2017 Arising Out of PS.Case No. -164 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Guddu @ Guddy Son of Late Mohan Prasad Choudhary, resident of Diwan Mohalla, Dullighat, P.S.-Khajekalan, District-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Kumar Ranjit Ranjan, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard the parties.
The petitioner is apprehending his arrest in connection with Alamganj P.S. Case No. 164 of 2015 registered for offences punishable under sections 406 and 409 of the Indian Penal Code.
Allegation as per FIR is withdrawal of the G.P.F. money by one of the co-accused and depositing the same in his own account and so far as this petitioner is concerned, allegation is that he has transferred Rs. two lakh in his account and he is peon of the office.
It has been submitted that he is no way concerned with the withdrawal of money and so far as deposit of Rs. two lakh is concerned, it has been submitted that he has returned Rs.
Patna High Court Cr.Misc. No.12558 of 2017 (3) dt.20-04-2017 1,90,000/- through cheque and rest Rs. 10,000/- in cash and this petitioner is no way concerned with the withdrawal of the G.P.F. amount.
Heard learned A.P.P. also.
Learned A.P.P. has opposed the prayer for bail. In view of the submissions as well as from perusal of Annexure-2, it appears that the petitioner has returned the amount. Considering the aforesaid aspect of the matter, let the petitioner Guddu @ Guddy, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Alamganj P.S. Case No. 164 of 2015; subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
With following conditions:
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court;
(ii) The petitioner will not induce any witness or tamper with the evidence; and (iii) The petitioner shall co-operate in the
Patna High Court Cr.Misc. No.12558 of 2017 (3) dt.20-04-2017 investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) S.Sb/- U T