Bipin Bihari Bhola v. The State Of Bihar

Patna High Court Cr.Misc. No.50875 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50875 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -DEOKUND District- AURANGABAD ======================================================

1. Bipin Bihari Bhola Son of Shivram, R/o Village- Sevati, P.S.- Makhdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. A.K. Thakur, Advocate : Mr. Pravin Kumar, Adv.

: Mr.Rituraj Raman, Adv.

For the Opposite Party/s : Mr. Smt. Pronati Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-11-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Devkund Police Station Case No. 11 of 2017, disclosing offences under Sections 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against these petitioner and no specific overt act is attributed to him. In fact, the name of this petitioner has been surfaced in this case merely on the ground of suspicion and no specific case is made out against the petitioner. As a matter of fact, a sum of Rs. 27,24000/- out of

Patna High Court Cr.Misc. No.50875 of 2017 (2) dt.09-11-2017 3307508/- has already been recovered in the account of District Welfare Officer, Aurangabad by the clearing Branch, which is evident from annexure-3. The petitioner being the Branch Manager has transferred the amount on receipt of cheque duly signed by the account holder. The petitioner has not misappropriated any government money. Hence, the petitioner who is of clean antecedent deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Judicial Magistrate-1st Class, Daudnagar, Aurangabad in connection with Devkund Police Station Case No. 11 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T