Bidyanand Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40822 of 2019 Arising Out of PS. Case No.-163 Year-2018 Thana- PAKRIDAYAL District- East Champaran ====================================================== BIDYANAND CHAUDHARY Son of Late Pallu Chaudhary Resident of Gayatri Nagar Ward No 30, P.S.- Motihari Town, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava, Adv.

For the State :

Mr.Rina Sinha, APP For the Bank :

Mr. Prabhakar Jha, Adv.

Mr. Amitesh Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 409 of the Indian Penal Code registered in connection with Pakridayal P.S. Case No. 163/2018.

3. It is submitted that the petitioner who is the ExBranch Manager, has been falsely implicated on the accusation that he along with office assistant Sonu Ranjan have transferred Rs.17,83,575/- relating to crop insurance claim amount wrongly in the account of some account holders and hence committed the temporary embezzlement. It is submitted that in the subsequent internal audit and inspection, no irregularity has been found, as the amount in question has already been refunded. Similarly

Patna High Court CR. MISC. No.40822 of 2019(3) dt.05-09-2019 2/3 situated aforesaid co-accused Sonu Ranjan has been granted anticipatory bail in Cr. Misc. No.28503/2019 (Annexure-3). The petitioner claims clean antecedent.

4. The learned APP, assisted by learned counsel for the bank, appears. It is submitted on behalf of bank that it is only pursuant to the internal audit that demand was made and thereafter the money has been refunded to the bank.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,Vth, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 163/2018, 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 cooperate with the

Patna High Court CR. MISC. No.40822 of 2019(3) dt.05-09-2019 3/3 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) That 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.

(Vikash Jain, J) Prakash Narayan /- U T