Munna Kumar Singh @ Munna Kumar @ Munna Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13678 of 2017 Arising Out of PS.Case No. -552 Year- 2016 Thana -CHAPRA TOWN District- SARAN ======================================================
1. MUNNA KUMAR SINGH @ MUNNA KUMAR @ MUNNA SINGH Son of Sri Ram Bachan Singh, Resident of Village- Tarwara, P.S.-Tarwara, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chapra Town P.S. Case No. 552 of 2016 instituted for the offence under Sections-420, 467, 468, 469, 471 & 120B of the Indian Penal Code and 138 of Negotiable Instruments Act.
It has been submitted that petitioner is the Branch Manager of UCO bank, Ekma branch. The amount has been transferred on the basis of wrong check, submitted by Manoj Kumar Yadav in his bank and the amount was accordingly, transferred in his account. He has already lodged FIR against Manoj Kumar Yadav.
As per written report, when the informant updated his account, he found that an amount of Rs. 9,73,000/- has been
Patna High Court Cr.Misc. No.13678 of 2017 (3) dt.13-04-2017 2/3 transferred in the account of Manoj Kumar Yadav on the basis of Cheque No. 422126 on 26-10-2016. The aforesaid cheque is still in possession of the informant. It is alleged that the informant lodged complaint with Branch Manager of UCO bank, Chapra and thereafter, when the amount was not transferred to his account, the instant case has been instituted. It has been submitted by petitioner that Manoj Kumar Yadav has already been arrested by the police during investigation on the basis of case lodged by this petitioner vide Ekma P.S. Case No. 178 of 2016.
It has further been submitted that the Branch Manager of UCO Branch, Chapra who was also made accused in this case, has been granted anticipatory bail by a coordinate bench of this court vide order dated 27-022017 passed in Cr. Misc. No. 8147 of 2017. Accordingly, prayer for anticipatory bail of petitioner is allowed. It is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chapra Town P.S. Case No. 552 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra subject to condition as laid down u/S 438(2) of the Cr.P.C.
Patna High Court Cr.Misc. No.13678 of 2017 (3) dt.13-04-2017 3/3 further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T