Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34637 of 2022 Arising Out of PS. Case No.-259 Year-2021 Thana- PATORI District- Samastipur ====================================================== SANTOSH KUMAR Son of Sri Harendra Bhagat Resident of Village - Rasalpur Habib, Rasulpur Habib, P.S. Desari, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468 and 471/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

The informant alleges that his sister has an account in Punjab National Bank and he had gone to the bank and gave Rs.10,000/- to Santosh Kumar cashier for depositing the amount in the said account and in lieu whereof he got a receipt but next day when he went for updating the passbook he realized that the amount was not deposited.

Patna High Court CR. MISC. No.34637 of 2022(2) dt.28-11-2022 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that though it is alleged that petitioner is the cashier of Punjab National Bank but he is not an employee of the bank rather his brother is an employee of the bank. It is next submitted that from perusal of Annexure-2, it would manifest that already a demand draft of Rs.10,000/- has been given in favour of Pratibha Kumari @ Pratima Kumari i.e. sister of the present informant in order to compensate the allegation as alleged.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Shahpur Patori P.S. Case No. 259 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T