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Patna High CourtCR. MISC./31954/2017bail granted

Rabindra Kumar Chourasia v. The State Of Bihar

2017-07-13Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.31954 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31954 of 2017 Arising Out of PS.Case No. -134 Year- 2008 Thana -BAUNSI District- BANKA ====================================================== Rabindra Kumar Chourasia, son of late Sahdeo Mandal @ Sri Sukhadeo Mandal, r/o. vill. Mungraura P.O. and P.S. Jamalpur, District Munger (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishore Prasad, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.05.2017 in connection with Bounsi P.S. Case No. 134 of 2008 for the alleged offences under Sections 409, 467, 471 and 468 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with certain irregularities allegedly committed by him in his capacity as Branch Manager, Bihar Kshetriya Gramin Bank, Shyam Bazar Branch, Banka. It is stated that with regard to the two KCC loan accounts the entire amount has since been repaid by the two borrowers and no loss has been occasioned to the bank. As regards the over draft said to have been made to Sri Bahadur Prasad Singh, a retired Panchayat Sewak, a letter has written to the Bank stating that such over draft has been given through inadvertent error of the bank cashier and however, he has offered to have the entire amount adjusted against his retiral benefits etc., which is lying in the Nazarat of the concerned block. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.31954 of 2017 (2) dt.13-07-2017

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case. let the petitioner above named 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 Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 134 of 2008 on the following 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 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) Chandran U T