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Patna High CourtCR. MISC./477/2021bail granted

Shambhu Pd. Singh @ Shambhu Prasad Singh @ Shambhu Prasad v. The State Of Bihar

2021-10-27Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.477 of 2021 Arising Out of PS. Case No.-254 Year-2019 Thana- KHODAWANDPUR District- Begusarai ====================================================== SHAMBHU PD. SINGH @ SHAMBHU PRASAD SINGH @ SHAMBHU PRASAD S/io Late Ram Gulam Mahton R/o Village- Bidulia, Meghaul, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khodwandpur P.S. Case No. 254 of 2019 for the offence punishable under Sections 409, 419, 420, 467, 468 and 471 of the Indian Penal Code.

The accusation in the F.I.R. is that the petitioner along with his associates have hatched a conspiracy and unauthorizedly opened a bank account in the name of the MRD Inter College, Meghaul on the basis of forged and fabricated document in connivance with the officials of Co-

Patna High Court CR. MISC. No.477 of 2021(2) dt.27-10-2021 2/3 operative Bank and has misappropriated the College money to the tune of approximately Rs. 40,0000/- Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be Cashier in the M.R.D. Inter College, Meghaul, Begusarai and being the cashier he has only followed the direction of the Principal, who was supposed to be authorized signatory for withdrawal of the fund. The petitioner has no concern with the withdrawal of money from the bank. Moreover, the co-accused, namely, Eknath Pathak and Ram Shankar Kumar, have already been granted anticipatory bail by co-ordinate Benches of this Court vide order dated 19.03.2021 and 15.04.2021 passed in Cr. Misc. No. 33678 of 2020 and Cr. Misc. No. 35637 of 2020, respectively. Hence, the petitioner may be granted the privilege of anticipatory bail.

Learned A.P.P. for the State has, vehemently, opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of his

Patna High Court CR. MISC. No.477 of 2021(2) dt.27-10-2021 3/3 arrest or surrender before the court below within a period of four weeks 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 the learned S.D.J.M., Manjhaul, Begusarai in connection with Khodwandpur P.S. Case No. 254 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) braj/- U T