Shashi Bhushan Prasad @ Shashi Bhushan Pd. v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.43357 of 2017 (3) dt.22-09-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43357 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -KOTWALI District- PATNA ======================================================
1. Shashi Bhushan Prasad @ Shashi Bhushan Pd., Son of Late Ram Pyare Ram, Resident of Village- Jagadishpur, P.S.- Jamhore, DistrictAurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Bihar State Co-operative Bank Ltd., Ashok Rajpath, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. For O.P.No.2 :
Mr. Nishi Nath Ojha, Adv.
For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-09-2017 Heard the parties.
This application is for grant of regular bail in connection with Kotwali P.S.Case No.97 of 2017, G.R.No.1482 of 2017 for the offences under Sections 406, 409, 420 and 120(B) of the Indian Penal Code.
Allegation against the petitioner, as per FIR, is that the petitioner is Assistant in the Bihar Co-operative Bank and allegation against him is of defalcation of huge amount and there are dues of Rs.12 lac against him.
After some argument, learned counsel for the petitioner submits that he is ready to deposit the money, if he is allowed to deposit the same in some installments.
Patna High Court Cr.Misc. No.43357 of 2017 (3) dt.22-09-2017 Heard learned A.P.P. and the learned counsel for the Co-operative Bank.
Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction that once the petitioner deposits at least Rs.03 lac within a period of one month, the learned trial court will release the petitioner on provisional bail with condition that he will deposit rest of the amount in three equal installments payable to every second month and failure to deposit any installment, his bail bond shall be cancelled. Once the petitioner deposits total amount, the learned trial court after verifying the same, will confirm the bail bond of the petitioner. It is needless to say that deposit will be subject to result of the case.
With the aforesaid observation, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T