Kameshwar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9689 of 2017 Arising Out of PS.Case No. -12 Year- 2011 Thana -BAHERA District- DARBHANGA ====================================================== Kameshwar Poddar S/o Late Nand Kishore Poddar, Resident of VillageHarsingpur, P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar Karan, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

According to F.I.R., other co-accused allegedly withdrew money from the account which was meant for payment of wages to the MANERGA labourers. The petitioner was Savings Account Assistant at Bahera Sub-Post Office. Submission of the learned counsel for the petitioner is that there is no role of the petitioner in allowing the withdrawal of money from the account. It can be made only on the basis of the instruction of the account holder. Moreover, in the

Patna High Court Cr.Misc. No.9689 of 2017 (2) dt.16-03-2017 2/2 departmental proceeding the petitioner was ordered with punishment of recovery of Rs.1,00,000/- which the petitioner had already refunded.

Considering the facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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, Darbhanga/successor court in connection with Bahera P.S. case no. 12 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) sudip/- U T