Alok Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30117 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== ALOK RANJAN Son of Late Rajendra Yadav Prasun @ Rajendra Yadav Resident of Village - Gwalpara, P.S.- Gwalpara, Distt - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Satyavrat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420, 120(B) IPC registered in connection with Gwalpara P.S. Case No.92 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that co-accused Sanjeev Kumar and Sambhu Kumar Rajak working as staff in the Sub Post Office, Gwalpara have defalcated Government money and transferred to different accounts of the petitioner and other co-accused persons and the petitioner withdrawn the amount through ATM. It is submitted that the petitioner has no concern with the aforesaid co-accused persons nor any amount of the Government money has been deposited to his account. The only amount deposited is

Patna High Court CR. MISC. No.30117 of 2019(2) dt.10-05-2019 2/3 of Rs. 10,000/-by the petitioner himself which has not been withdrawn from the account. The petitioner has not made any requisition for ATM Card and as such the question of withdrawal through ATM from his account no. 3675046496 does not arise. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned J.M. Ist Class, Madhepura in connection with Gwalpara P.S. Case No. 92 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (v) The petitioner shall submit a copy of his bank statement

Patna High Court CR. MISC. No.30117 of 2019(2) dt.10-05-2019 3/3 of the relevant period before the learned Court below.

5. The provisional bail granted to the petitioner shall stand confirmed upon verification by the learned Court below, preferably within a further period of twelve weeks after furnishing bail bonds that an amount of Rs. 10,000/- only has been deposited in the bank account no. 3675046496 and that no ATM card has been issued to the petitioner on his request. In case the petitioners' claim fails upon verification, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T