Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24783 of 2015 Arising Out of PS.Case No. -498 Year- 2014 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Pramod Kumar S/o Upendra Singh R/o village - Dayalpur, P.S. Mahua, Distt. - Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Chandra Gandhi, Advocate. For the Opposite Party : Mr. Nand Kishore Pd. (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 420/34 of the I.P.C Allegedly, the petitioner being collecting agent of Vaishali District Central Cooperative Bank used to collect Rs. 200/- per day from the informant to deposit the same in the Bank and used to grant receipt for the same and in that way amount of Rs. 33,800/- was deposited and after completion of one year when the money was demanded the accused persons started avoiding and when the informant went in the Bank he came to know that only Rs. 15,600/- has been deposited and the rest amount was misappropriated by the petitioner.

Patna High Court Cr.Misc. No.24783 of 2015 (3) dt.05-10-2015 2/2 Submission is of false implication and that the informant and his father both have lodged case against the petitioner and the petitioner is in custody since 29.03.2015. The informant has not filed the receipts alleged to be granted by the petitioner. The petitioner was commission agent in the said branch since 2004 to 18.01.2007. The maturity completed on 09.10.2013 but the complaint was filed on 13.11.2014 and as such the petitioner deserves sympathetic consideration, to which the learned A.P.P. does not dispute.

In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali at Hajipur in Mahua P.S. Case No. 498 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T