Vikash Kumar And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.50119 of 2018 (2) dt.14-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50119 of 2018 Arising Out of PS.Case No. -163 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================
1. Vikash Kumar Son of Sri Ashok Kumar Singh Resident of VillageJamuhari, P.S. - Mehandia, District - Arwal.
2. Alakh Niranjan Son of Sri Vijay Prasad Resident of Village - Lakhachak, P.S. - Tharthari, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Murlidhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Karpi (Sahar Telpa O.P.) Police Station Case No. 163 of 2017, disclosing offences under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific case is made out against them. In fact, the petitioners happen to be the then Branch Managers of the Madhya Bihar Gramin Bank and they have not committed any fraud rather one Bhagwan Mishra, who happens to be Office
Patna High Court Cr.Misc. No.50119 of 2018 (2) dt.14-08-2018 Assistant, has confessed that he committed fraud with two immature fixed deposits of the customer, which is evident from Annexure-2. Moreover the petitioners have been placed under suspension and facing departmental proceeding, therefore, they cannot be liable to be prosecuted under criminal charges. Hence, the petitioners deserve the privilege of anticipatory bail. Considering 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 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 Additional Chief Judicial Magistrate-IV, Arwal, in connection with Karpi (Sahar Telpa O.P.) Police Station Case No. 163 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T