Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31508 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Shankar Sharma S/o Late Chartugan Rana, R/o Village-Chhatukrum Post & P.S- Katoria, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Katoria P.S.Case No. 27 of 2015 registered under sections 467, 468, 420, 406 and 120B of the Indian Penal Code. Case diary in the present case was called for which has been received.

Learned counsel for the petitioner submits that the name of the petitioner has been mischievously brought in the present case. He is merely an auto-driver who had carried the husband of the Secretary of the school. It is submitted that the entire amount had been withdrawn by the husband of the Secretary, namely, Tahir Ansari whose wife Podina Bibi was the Secretary of the school. It was she along with her husband who had committed theft of leaf of the cheque book which bears the forged signature of the informant and they had illegally withdrawn a sum of Rs.

Patna High Court Cr.Misc. No.31508 of 2015 (3) dt.29-10-2015 2/2 1,99,000/- in the name of the petitioner, Shankar Sharma. It is further submitted that CCTV coverage shows presence of the said Tahir Ansari, husband of Pudina Bibi in the bank at the relevant point of time which has been duly certified by the Branch Manager of the concerned bank.

Learned counsel appearing on behalf of the State submits that the said fact has come forward in the case diary at paragraph 5 and, therefore, the petitioner being innocent may be extended privilege of anticipatory bail.

Considering the nature of allegation and the materials which have surfaced in the case diary and also that he has no criminal history, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Banka in connection with Katoria P.S.Case No. 27 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Md.S./- U T