Lalan Kumar Thakur @ Lalan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32890 of 2021 Arising Out of PS. Case No.-110 Year-2013 Thana- KISHUNPUR District- Supaul ====================================================== Lalan Kumar Thakur @ Lalan Thakur, Son of Mahavir Thakur Resident Of Village - Office Assistant (Suspend), Uttar Bihar Gramin Bank, BranchKishanpur, Distt.- Supaul, Permanent Resident Of Mallik Chowk, Vishwakarma Nagar, P.S.- Supaul, Distt.- Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Branch Manager, Uttar Bihar Gramin Bank, Branch- Kishanpur, P.S.- Kishanpur, Distt.- Supaul. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No.13 For the Opposite Party/s :

Mr. Amitesh Kumar Mr. Prabhakar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard the learned counsel for the petitioner, learned counsel for the Uttar Bihar Gramin Bank and the learned APP for the State.

The petitioner seeks bail in connection with Kishanpur P. S. Case No.110 of 2013, instituted for the offences under Sections 409 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 09.09.2018 and he is a person with clean antecedent, charge-sheet has been submitted in this case. The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it

Patna High Court CR. MISC. No.32890 of 2021(3) dt.29-11-2021 2/3 would manifest that the informant alleges that this petitioner misappropriated Rs.23,00,000/- from Uttar Bihar Gramin Bank, Kishanpur during course of remittance which came in the inquiry.

The learned counsel for the petitioner submits that though the allegation is of misappropriation, but the same for the present is in realm of allegation only and as far as it is alleged in the F.I.R. that in the inquiry, it has come that petitioner had misappropriated the aforesaid amount but with the F.I.R., no inquiry report has been enclosed. The learned counsel for the Uttar Bihar Gramin Bank along with learned A.P.P. for the State submits that the said report is for the purposes of departmental proceedings and opposed the bail application.

Considering the fact that the petitioner is in custody since 09.09.2018 and he is a person with clean antecedent, charge-sheet has been submitted in this case and as submitted by the learned counsel for the petitioner that though charge-sheet has been submitted but yet the allegation are to be proved in trial, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.32890 of 2021(3) dt.29-11-2021 3/3 amount each to the satisfaction of learned C.J.M., Supaul in connection with Kishanpur P. S. Case No.110 of 2013. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T