Ganesh Prasad Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49227 of 2015 Arising Out of PS.Case No. -304 Year- 2012 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================
1. Ganesh Prasad Roy Son of Sarbi Prasad Roy, r/o Sinchai Awas, Bailey Road, Patna, P.S. - Shastri Nagar, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Rangila Kumari wife of Rakesh Kumar Thakur .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha For the Informant : Mr. Ajay Kumar For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/420 of the Indian Penal Code.
Vide order dated 03.05.2016 passed in this case, the State Bank of India, Anisabad Branch had been directed to furnish the account statement of State Bank of India Savings Account No. 30316321616 standing in the name of the petitioner Ganesh Prasad Roy. The said statement has been received. A copy of the statement issued on 09.05.2016 has been produced by the petitioner which is yet to be received by this Court. However, the same appears to be issued in the name of Assistant Registrar, High
Court of Judicature at Patna. After perusal of the bank statement of the aforesaid accounts standing in the name of the petitioner, it appears that a sum of Rs. 60,000/- only was transferred in his account on 08.09.2012 and 09.05.2012 (two transactions of Rs. 15000/- each on both the dates).
Learned counsel for the petitioner submits that actually there is an allegation that Rs. 1, 60, 000/-was transferred into the account of the petitioner between 12:00 P.M. on 08.09.2012 and 09:00 P.M. on 09.09.2012. However, such transactions are not evident from the aforementioned statement. It is only the transaction of Rs. 60, 000/- which finds place therein. He further submits that whatever be the allegation against the petitioner, he had approached the Muzaffarpur Police immediately after his bank account was attached in connection with the present case and even the informant had been called to identify the petitioner which he had failed to do so. In view of the fact that a sum of Rs.
60,000/- has already been withheld by the bank in connection with the present case and the petitioner being a salaried person and continuously performing his duty as a Peon in the Department of Irrigation, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs.
(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Kazi Mohammad P.S. Case No. 304/2012, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
A copy of the bank statement so produced, be kept on record.
(Anjana Mishra, J) Saif/- U T