Nawal Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44524 of 2014 Arising Out of PS.Case No. -75 Year- 2013 Thana -MUNGER MUFFASIL District- MUNGER ======================================================

1. Nawal Kishore Ram Son of Late Chotey Lal Ram Resident of Mohalla - Shankarpur, Police Station - Mufassil, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Shekhar For the Opposite Party/s : Mr. Md.Fahmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By way of filing an application under section 438 of the Code of Criminal Procedure, the petitioner seeks anticipatory bail in connection with Muffasil P.S. Case No. 75 of 2013 registered for the offences punishable under Sections 406, 419, 420 and 120-B of the Indian Penal Code.

It is contended that for the alleged occurrence which took place during the period 2005-08 a complaint was filed in 2011, which was referred to the Police under Section 156(3) of the Code of Criminal Procedure for institution of FIR, pursuant to which FIR was registered on 1st April, 2013. At the relevant time, the petitioner was Branch Manager of State Bank of India,

Patna High Court Cr.Misc. No.44524 of 2014 (6) dt.26-08-2015 2/2 Shankarpur Branch in the district of Munger. It is further contended that so far as the offence under section 419 of the Indian Penal Code is concerned, the same is bailable in nature. For the alleged loss of amount, a certificate case was also initiated by the Bank against the co-accused and the entire amount was deposited by them and the Bank has already granted 'No Dues Certificate' to them.

Learned counsel for the State has opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Nawal Kishore Ram is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Muffasil P.S. Case No. 75 of 2013, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T