Ajit Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36483 of 2017 Arising Out of PS.Case No. -453 Year- 2014 Thana -WAJIRGANJ District- GAYA ======================================================

1. Ajit Kumar Singh Son of Hari Narayan Singh Resident of VillageReyam Sugar Mill,P.S.- Sakari, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The State Bank of India, through Branch Manager Wazirganj, P.O. +P.S.- Wazirganj, Distt- Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Singh For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Wazirganj P.S. Case No. 453 of 2014 registered for offences punishable under Sections 409, 420, 467, 468 and 771 of the Indian Penal Code.

Allegation against the petitioner, who happens to be Accountant of State Bank of India, Wazirganj Branch, is of permitting over-draft of rupees fifteen lakhs in the name of coaccused which is not permissible. Submission of the learned counsel for the petitioner is that now the amount has already been deposited back in the account and other co-accused person has been granted bail by this Court vide order dated 11.05.2015 passed in Cr. Misc. No. 14609

Patna High Court Cr.Misc. No.36483 of 2017 (2) dt.10-08-2017 2/2 of 2015 (Annexure-2).

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that the amount in question has been returned back, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 453 of 2014 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Manish/- U T