Chhotan Prasad @ Chhote Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39638 of 2020 Arising Out of PS. Case No.-336 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== Chhotan Prasad @ Chhote Prasad, Son Of Late Tripathi Ram Resident Of Village - Gaurav Nagar Islampur, Police Station - Islampur, District - Nalanda Presently Posted As Sweeper, Nalanda Central Co Operative Bank Ltd. Branch Islampur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh- Advocate For the Opposite Party/s :

Ms. Sharda Kumari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-06-2021 Heard Mr. Anil Kumar Singh, the learned Advocate for the petitioner and Ms. Sharda Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Islampur P. S. Case No.336 of 2020, instituted for the offences under Sections 406, 420, 467, 468, 471/ 34 of the Indian Penal Code.

It is alleged in the first information report that some of the bank employees including the petitioner have misappropriated money from the savings account of the customers. The amount shown to have been swindled has been assessed at Rs.7,44,151/-.

Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.39638 of 2020(2) dt.03-06-2021 2/3 that the accusation against him is a hasty and without verifying the facts. The petitioner is shown in the first information report as the Cashier of the bank whereas he is an illiterate sweeper working in the aforesaid Branch of the bank. Apart from this, it has been submitted that with respect to same offence, two other cases have been lodged, in which also the petitioner has been made accused, but in both the cases, the petitioner is on bail. Apart from this, it has been submitted that except for suspicion against the petitioner along with other bank employees, there is no other material to connect the petitioner with the offence. True it is, that the petitioner was employed as a cleaner in the branch, but given his mandated duty, he would not have been in any position to facilitate or take part in swindling the amount from the customers' bank accounts.

Considering the afore-noted facts and submissions made on behalf of the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P. S.

Patna High Court CR. MISC. No.39638 of 2020(2) dt.03-06-2021 3/3 Case No.336 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) vikash/- U T