Amarnath Bhagat And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58156 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -CHANAN District- BANKA ======================================================
1. Amarnath Bhagat, Son of Ram Lakhan Bhagat, Resident of VillageChittakhar Kenduar.
2. Manju Devi, Wife of Kartik Yadav. Resident of Village- Akakura, Both are P.S. Chandan (Anandpur O.P.) District- Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Shashi Kumar Choudhary, Branch Manager, Bhagalpur Central Cooperative Bank Limited, Katoria Branch, P.S. Katoria, District- Banka. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Renu Kumari(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Chandan ( Anandpur) P.S. Case No. 87 of 2015, disclosing offences under Sections 406,409,420/34 of the Indian Penal Code. The petitioner No.1 is the Chairman of Chandwari PACS and petitioner No.2 is the Executive Member of the said PACS. Allegedly, he received paddy worth Rs. 5, 05,950/- but he did not deposit the same with the State Food Corporation. Learned counsel for the petitioners submits that a substantial amount was deposited with the Cooperative Bank. It
has been stated in paragraph 17 that the petitioners are ready to pay the remaining balance to the Bhagalpur Cooperative Bank in equal installments as may be directed by this Court. Considering the nature of accusation and the stand taken by the petitioners, this application is allo9wed. Let the petitioners above-named, in the event of their arrest/surrender before the Court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Chandan ( Anandpur) P.S. Case No. 87 of 2015, subject to the conditions as laid down under Section 438 of the Cr.P.C.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
This order is being passed considering the undertaking given on behalf of the petitioners by learned counsel appearing on their behalf that the petitioners shall be depositing 20% of the amount due before he surrenders before the Court below in
compliance of the present order and he will be depositing rest of the amount in four equal monthly installments, thereafter. (Chakradhari Sharan Singh, J) ArunKumar/- U