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Patna High CourtCR. MISC./28056/2019allowed

Pankaj Kumar v. The State Of Bihar

2019-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28056 of 2019 Arising Out of PS. Case No.-159 Year-2010 Thana- BIKRAM District- Patna ====================================================== PANKAJ KUMAR Son of Sidhnath Sharma Resident of Village - Zafra, Bhagwanpur, P.S.- Naubatpur in the Distt.- of Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akhileshwar Pd. Singh, Sr. Adv.

Mr. Bimal Kumar No. 2, Adv.

Mr. Surendra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Humayau Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 120(B) of the Indian Penal Code.

The complainant/informant alleged in the complaint petition that the informant had opened Shankulan Middle School at Bhagwanpur within the jurisdiction of Naubatpur P.S., and they also opened a Joint Account No. 11820188760 in the State Bank of India, Arap Branch, Bikram. It is further alleged that on 31.07.2010, Rs. 5000/- and on 20.08.2010 Rs. 10,000/-, on 07.08.2010 Rs. 7700/- and on 20.08.2010 Rs. 15,500/-, total amounting to Rs. 38,700/- was withdrawn by the petitioner after forging the signature of the informant from the said account in conspiracy with Branch Manager.

Patna High Court CR. MISC. No.28056 of 2019(3) dt.24-07-2019 2/2 It has been submitted on behalf of the learned senior counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that final report after investigation on 24.03.2011 has been submitted while exonerating all accused persons. The learned court below took cognizance under Sections 419, 420, 467, 468, 120(B) of the I.P.C.

In the facts and circumstances of the case, 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 of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Danapur in connection with Bikram Police Station Case No. 159 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T