Binod Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64671 of 2018 Arising Out of PS. Case No.-416 Year-2006 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Binod Kumar Jha, S/o Anirudh Jha, R/o Mohalla- Saheban Hatta, Srinagar Road, P.S.- Khajanchi hat, Distt.- Purnea, at present Village & P.O.- Bhawanipur, District- Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar.

2. Allahabad Bank Begusarai, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate Mr. Amresh Kumar Sinha, Advocate For the State :

Mr. Zainul Abedin, APP For Opposite Party No.2 :

Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-01-2019 Heard learned senior counsel for the petitioner; learned APP for the State as well as learned counsel for the Bank.

2. The petitioner has renewed his prayer for grant of anticipatory bail in connection with Begusarai P.S. Case No. 416 of 2006 for the offences alleged under Sections 419, 420, 467, 468 and 471/34 of the Indian Penal Code having been rejected earlier by order dated 03.09.2015 passed in Cr. Misc. No. 15976 of 2015.

3. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated and in a subsequent development, co-accused Sunil Kumar had been granted anticipatory bail by a coordinate Bench of this Court vide order dated 31.08.2018 passed in Cr. Misc No. 47684 of 2018. It is further submitted that all other accused persons have been granted anticipatory/regular bail. It is submitted that the entire sum together with interest had already been made good to the bank and no financial loss has been sustained by the bank. The petitioner being a bank employee has since superannuated and claims clean

Patna High Court Cr.Misc. No.64671 of 2018(3) dt.07-01-2019 2/2 antecedents.

4. Learned counsel for the Allahabad Bank appears suo motu and opposes the anticipatory bail petition.

5. This Court takes note that the petitioner's earlier attempt for grant of anticipatory bail was declined as far back as on 03.09.2015 and the petitioner has not surrendered till date. Learned senior counsel for the petitioner has also not been able to satisfy this Court that there is any immediate apprehension of arrest.

6. In the above circumstances, this Court is not inclined to grant anticipatory bail to the petitioner who shall be at liberty to seek regular bail upon his surrender. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) BT/Chandran U T