Shashi Bhusan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34021 of 2019 Arising Out of PS. Case No.-317 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== SHASHI BHUSAN Son of Late Manilal Mandal Resident of Village - Sultanpur Bhitti, P.S.- Sabour, District - Bhagalpur, at present Branch Manager, Canara Bank, Yadopur Road, P.S.- Town, District - Gopalganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seikh Ekram Son of Jahangir Ahmad Resident of Indrawa, P.S.- Thawe, District - Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajan Ghoshrave For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Gopalganj Town P.S. Case No. 317 of 2018, arising out of Complaint Case No. 672 of 2018, registered for the offences punishable under Sections 409, 420, 467, 471, 120B/34 of the Indian Penal Code and Sections 66, 66(B), 66(C) and 66(D) of Information and Technology Act.

As per FIR there is allegation an amount of Rs.4.20 lac has been withdrawn from the account of son of informant account through a cheque, that has not been issued by him and it is said that at that time his son was outside India and the cheque was with him, as such complaint petition has been lodged by his father and petitioner happens to be Manager of the Bank in

Patna High Court CR. MISC. No.34021 of 2019(5) dt.25-09-2019 2/3 which, account of son of the informant was running. Submission of learned counsel for the petitioner is that as a matter of fact cheque was deposited in another Bank and later on the same has been transferred and as soon as petitioner has come to know about the same, he got a complaint case lodged against unknown person and after consent of higher authorities of the Bank the amount of Rs.4.20 lac has been deposited in the account of son of informant, which will appear from Annexure-5. On the other hand, learned counsel for opposite party No.2 has submitted that though the amount has been deposited but Bank officials are not allowing him to withdraw amount unless he executes indemnity bond. Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Gopalganj Town P.S. Case No. 317 of 2018, arising out of Complaint Case No. 672 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall

Patna High Court CR. MISC. No.34021 of 2019(5) dt.25-09-2019 3/3 be a local person having sufficient immoveable property within the jurisdiction of the court concerned and further condition is that petitioner will not prevent the opposite party No.2 from withdrawing the amount from his account.

(Vinod Kumar Sinha, J) spal/- U T