Sushant Kuleshwar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24784 of 2017 Arising Out of PS.Case No. -434 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Sushant Kuleshwar Son of Badrinath Choudhary, Resident of VillageTarai, P.O.- Vijaygiri, P.S.- Tamar, District- Ranchi (Jharkhand) at present posted as A.T.M. Incharge S.B.I. Bank, Barauni Refinery, Begusarai, District- Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The In-Charge Branch Manager, State Bank of India, Barauni Refinery Campus Branch Begusarai, District- Begusarai. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 408/420 of the Indian Penal Code.

The petitioner was in-charge at the referred ATM machine. Allegation is of misappropriation of Rs.5,00,800/- by the petitioner.

Submission of the learned counsel for the petitioner is that the claimed amount has already been deposited by the father of the petitioner, which would be evident from the F.I.R. and the

Patna High Court Cr.Misc. No.24784 of 2017 (2) dt.06-07-2017 2/2 disciplinary proceeding is also going on. Moreover, the reason for shortage of the aforesaid money in the said ATM is yet to be established and only suspicion is there against the petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/Successor Court in connection with Barauni Police Station Case No.434 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T