Sandeep Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40690 of 2017 Arising Out of PS.Case No. -54 Year- 2013 Thana -KHIRHAR District- MADHUBANI ====================================================== Sandeep Kumar Singh, Son of Subash Prasad Singh, R/o Kharari Kothi, Khajasarai, P.S.- Laheriasarai, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khirhar P.S. Case No. 54 of 2013 (G.R. No. 2681 of 2013) instituted for the offence under Sections 409, 420, 467, 468 and 120(B) of the Indian Penal Code.
It has been submitted that co-accused Vivek Kumar Jha was tenant in the house of the petitioner. The alleged amount is said to have been transferred in the account of petitioner by Vivek Kumar Jha.
From the written report it appears that there is specific allegation against co-accused Vivek Kumar Jha who was computer operator. He after using the password and ID of the Manager and other Officers of the Bank, has misappropriated the
Patna High Court Cr.Misc. No.40690 of 2017 (3) dt.06-09-2017 2/3 amount by crediting the money in different accounts. It has been submitted on behalf of the petitioner that other co-accused persons with similar allegation have been granted anticipatory bail by a coordinate Benches of this Court vide order dated 08.07.2014, 19.08.2014 and 04.02.2015 passed in Cr. Misc. Case Nos. 14370 of 2014, 15479 of 2014 and 4723 of 2015 respectively.
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 Khirhar P.S. Case No. 54 of 2013, G.R. No. 2681 of 2013, 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 Chief Judicial Magistrate, Madhubani, subject to the conditions as laid 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or
Patna High Court Cr.Misc. No.40690 of 2017 (3) dt.06-09-2017 3/3 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) S.Ali/- U T