Sheo Balak Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8139 of 2018 Arising Out of P.S.Case No. -118 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ====================================================== Sheo Balak Prasad son of Gopi Nath Prasad, Resident of Village-Devisarai, P.S. Deepnagar (Bihar Shariff), District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-03-2018 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Laheri P.S. Case No. 118 of 2017 instituted for the offence under Section(s) 406, 409, 420, 467 and 468 of the Indian Penal Code. It is alleged by the informant that the accused petitioner is husband of co-accused Punam Kumari, who is the agent of the Central Bank Staff Co-operative Ltd. She along with her husband (petitioner) advised the informant and others to deposit the amount in the bank, whereupon, the informant and others opened the account in the said bank and deposited their amounts. It has also been alleged that Director of the bank is Nalin Vilochan and his younger brother, Sita Ram Prasad Singh is the In-charge of Head Office situated at Hanuman Nagar, Patna and
Patna High Court Cr.Misc. No.8139 of 2018 (3) dt.30-03-2018 2/3 Yavraj Kumar is the Branch Manager of Branch Office, Biharsharif. It is further alleged that when the informant went to withdraw the money, the Bank Manager, Yuvraj Kumar said that the money would be withdrawn only after 15.03.2017 but thereafter the bank was found closed and the Branch Manager of the Bank absconded after switching off his mobile. Learned counsel for the petitioner submits that petitioner is husband of one of the agent of aforesaid co-operative bank, namely, Punam Kumari.
There is no specific allegation against the petitioner. He further submits that the main accused are the Director, Manager and In-charge of the Bank, namely, Nalin Vilochan, Yuraj Kumar and Sita Ram Singh who managed to escape with the amount after closing the Bank. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Laheri P.S. Case No. 118 of 2017, he shall be released on anticipatory 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, Nalanda, subject to the conditions as laid
Patna High Court Cr.Misc. No.8139 of 2018 (3) dt.30-03-2018 3/3 down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shakir/- U T