Gunjan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8614 of 2017 Arising Out of PS.Case No. -514 Year- 2016 Thana -CHAPRA TOWN District- SARAN ======================================================
1. Gunjan Kumar, son of Late Krishna Mohan Prasad, resident of VillageRoy Nagar Chawk, Dighikala, P.S.- Hajipur Sadar, District- Vaishali.
2. Amar Prakash, son of Late Dinesh Kumar Mandal, resident of Bhagwan Bazar, P.S.- Bhagwan Bazar, Chapra, District- Saran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party : Mr. Sri Nagendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Chapra Town P.S. Case No. 514 of 2016, registered for the offences punishable under Sections 420, 467, 468, 469, 471, 120(B) of the Indian Penal Code and Section 138 of Negotiable Instrument Act.
Allegedly, when the informant went to update his passbook in UCO Bank, Municipal Chawk, Chapra, found fraudulent withdrawal of Rs. 5,76,000/- but bank manager stated that the said amount was transferred through cheque No. 424496 in the account of Tarkeshwar Ram, Ekma, Saran though that cheque
Patna High Court Cr.Misc. No.8614 of 2017 (2) dt.07-03-2017 2/3 bearing the same number is in the custody of the informant and accordingly, the case has been lodged against the Bank Manager and Cheque Passing Officer.
Submission is of false implication and that petitioner no.1 is the Branch Manager of the UCO Bank, Municipal Chowk, Chapra and petitioner no.2 is the Assistant Manager of the said bank. As a matter of fact, through forged cheque withdrawal was made in the name of Tarkeshwar Ram. Branch Manager UCO Bank, Ekma has also lodged a case against Tarkeshwar Ram and Manoj Yadav and investigation in that case is going on. The petitioners have nothing to do about the withdrawal of amount and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. fairly submits that petitioners are the Manger and Assistant Manager in UCO Bank, Municipal Chowk, Chapra, whereas the amount was transferred in the account situated at Ekma Branch.
In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at
Patna High Court Cr.Misc. No.8614 of 2017 (2) dt.07-03-2017 3/3 Chapra, in connection with Chapra Town P.S. Case No. 514 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/- U T