Navin Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30992 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Navin Kumar Mishra son of Yamuna Prasad Mishra Vill- Rajendra Nagar Colony Lalachak PS- Ishak Chak District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Chandan Kumar, Advocate Mr. Ansh Prasad, Advocate For the State :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 and 379 of the Indian Penal Code.

3. As per prosecution case, on 27.10.2023, when the informant went to complain in the Bank regarding fraudulent withdrawal of money from his bank account, his bank passbook was forcibly taken and he was scolded by this petitioner, who is cashier of the Bank in question.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case only on suspicion. From bare perusal of the F.I.R. it is apparent that the alleged money which is said to

Patna High Court CR. MISC. No.30992 of 2024(4) dt.15-07-2024 2/2 have been fraudulently withdrawn from the bank account of the complainant has already been deposited back and the same was a technical error and as such, no offence under Section 420 and 379 of the Indian Penal Code is made out against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - I, Naugachia, in connection with Naugachia P.S. Case No. 423 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T