Dharmendra Kumar Singh @ Dharmendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41684 of 2015 Arising Out of PS.Case No. -74 Year- 2015 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Dharmendra Kumar Singh @ Dharmendra Singh, Son of Sri Baban Singh, residence of village- Bimwa, Police Station- Jagdishpur, District- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr. Awdhesh Kumar Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-01-2016 Heard learned counsel for the petitioner and learned A. P.P. for the State.
Petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 74 of 2015 registered for offences punishable under Sections 406, 409, 323 and 120B of the Indian Penal Code.
As per the prosecution case, allegation against the petitioner is that he along with other co-accused persons misappropriated the amount deposited by the complainant/ informant and others in the Central Co-operative Bank Limited as the petitioner and other accused persons used to accept money from public and deposited in the Bank. But when the informant went to the Bank to withdraw his money from the Bank, the Bank
Patna High Court Cr.Misc. No.41684 of 2015 (3) dt.28-01-2016 2/3 officials informed that no such money has been deposited by the petitioner and other co-accused.
It has been submitted by the counsel for the petitioner that petitioner is the Manager of the Central Co-operative Bank Limited and he is not connected with the amount deposited by the informant and others. It was co-accused Kanhaiya Lal Sharma @ Kanhaiya Thakur, agent of Bimwa PACS, P.S. Jagdishpur, who used to collect the money and deposit the same in the Bank, but the said co-accused Kanhaiya Lal Sharma @ Kanhaiya Thakur has not deposited any money in the account of the informant. It has further been submitted that the agent Kanhaiya Lal Sharma @ Kanhaiya Thakur, and Chairman of the said PACS Dineshwar Singh have been granted the privilege of anticipatory bail under orders dated 28.09.2015 and 10.09.2015 passed in Cr. Misc. Nos. 39400 of 2015 and 36907 of 2015 respectively.
It has been submitted by the counsel for the petitioner that petitioner has no criminal history, as is evident from paragraph 3 of this petition and the allegations against him are general and omnibus. Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.41684 of 2015 (3) dt.28-01-2016 3/3 like amount each to the satisfaction of Shri N.K. Srivastava, learned Judicial Magistrate, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 74 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. Petitioner is directed to appear in person before the police/ Court as and when required and in the event of his failure to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Nilu Agrawal, J.) Arjun/- U T