Chandra Bhanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53755 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -DIGHA District- PATNA ======================================================
1. Chandra Bhanu Kumar Son of Sri Parmanand Singh, resident of VillageGonawan, P.S.- Harnaut, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur Mr. Nilesh Kumar Mr. Shashank Shekhar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 The petitioner is apprehending his arrest in connection with Digha P.S. Case No. 118 of 2016, registered for offences punishable under Sections 408 and 420 of the Indian Penal Code. It has been submitted on behalf of the petitioner along with other co-accused persons were assisting M/s. R.C.I. Cash Management Services (P) Ltd for replenishment of ATMs of Punjab National Bank and there is allegation against the petitioner that he and other co-accused persons of this case defalcated Rs. 1.5 Crore meant for replenishment of ATMs, however the petitioner has nothing to do with the alleged offence as he is working under the instructions of Senior Officers of R.C.I. company, who are Area Manager, Team Leader and Coordinator
Patna High Court Cr.Misc. No.53755 of 2016 (5) dt.22-02-2017 2/3 and the entire responsibility was with them to look after the proper replenishment of the ATMs, however they have not been made accused in this case. Moreover, other similarly situated co-accused persons of this case have already been granted the privilege of anticipatory bail by this court vide order dated 04.10.2016, passed in Criminal Miscellaneous No. 40083 of 2016.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and circumstances of the case, nature of offence and also that other coaccused persons of this case have already been granted anticipatory bail, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Mohd. Inam Khan, learned Judicial Magistrate -1st Class, Patna, in connection with Digha P.S. Case No. 118 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
This is further subject to the conditions that : (i) One of the bailors of the petitioner shall be a local person having sufficient immovable
Patna High Court Cr.Misc. No.53755 of 2016 (5) dt.22-02-2017 3/3 property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U