Patna High CourtCR. MISC./38056/2015bail granted

Kanhaiya Kumar @ Kumar Kanhaiya v. The State Of Bihar

2015-11-10Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.38056 of 2015 (3) dt.10-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38056 of 2015 Arising Out of PS.Case No. -309 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Kanhaiya Kumar @ Kumar Kanhaiya Son of Sri Ganga Prasad Singh, resident of village- Navtal, P.O. Bhawanipur, P.S.- Biraul, DistrictDarbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 10.11.2015 Supplementary affidavit is filed on behalf of the petitioner. Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

The accusation against the petitioner is that being Branch Manager, he defalcated near about Rs.8, 80,000/- from State Bank of India, Barhari Branch, Purnea between 29.4.2014 to 30.4.2014. The contention on behalf of the petitioner is that petitioner was posted as Branch Manager between the aforesaid period and the concerned bank claimed that during the aforesaid period, near about Rs 55, 71,283/- was defalcated by the petitioner for which three cases including present were lodged against the petitioner. It is further contended by him that the petitioner has already deposited Rs 55, 71,283/- with the concerned bank and for which Regional Manager of the concerned bank has already issued a certificate. It is also

Patna High Court Cr.Misc. No.38056 of 2015 (3) dt.10-11-2015 contended by him that the petitioner has already been granted privilege of bail in Bhawanipur P.S. Case no. 59/2014 which has been lodged against the petitioner along with present case as well as one other case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Madhubani Town P.S. Case no. 309/2014. shahid (Hemant Kumar Srivastava,J) U T