Birendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21754 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Birendra Kumar Singh, Son of Late Siyanandan Singh, Resident of Village - Adarsh Colony, Irki Station, P.S.- Jahanabad, District- Jahanabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudha Chandra, Advocate For the Opposite Party/s : Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ghoshi (Okri O.P.) P.S. Case No. 60 of 2016 instituted for the offence under Sections 406, 409, 420, 467, 468 and 34 of the Indian Penal Code. The petitioner is said to be the Treasury Clerk at the time of occurrence. There is allegation that five persons as named in the written report withdrew amount from their GPF account in excess of the amount which was deposited in their account. The First Information Report has been lodged against the petitioner and other accused persons on the ground of excess withdrawal of the amount by the five persons as named in the written report in collusion with the petitioner and other accused persons. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.21754 of 2017 (3) dt.12-07-2017 2/3 aforesaid five persons have already deposited the amount in Treasury which has been withdrawn by them in excess and in support of it he has filed Annexure-3 which is the letter of the Incharge Medical Officer, Okri (Jehanabad) to the District Treasury Officer, Jehanabad. It has further been submitted that on similar ground, the other co-accused person Dr. Md. Iqbal Haider has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 7.4.2017 passed in Cr. Misc. 16334 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ghoshi (Okri O.P.) P.S. Case No. 60 of 2016, he shall 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, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with 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
Patna High Court Cr.Misc. No.21754 of 2017 (3) dt.12-07-2017 3/3 proper and reasonable reason will automatically cancel bail bond of the petitioner 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) S.Ali/- U T