Etwari Hembrom v. The State Of Bihar And ORS

Patna High Court Cr.Misc. No.62664 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62664 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -SUIYA District- BANKA ====================================================== Etwari Hembrom, S/o Devnandan Hembrom, R/o Vill- Motiyatari, P.S.- Haveli Kharagpur, Dist- Munger .... .... Petitioner

Versus

1. The State of Bihar.

2. The State of Bihar through Deptt of Vigilance, Patna.

3. The UCO Bank, through Branch Manager, Surya Branch Distt- Banka. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Madan Prasad Singh No-2 For the State : Mr. Ajay Kumar Jha, APP For the Bank : Mr. Ranjeet Kr.Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard counsel for the petitioner, the State and the bank. Petitioner is an accused in a case registered for offence under sections 409, 420, 477, 477A, 120B, 406, 465, 467, 468, 471/34 IPC, 43, 44, 45 and 66 of the IT Act and 13(1)(c )/(d) (i), (ii) and (iii) of the PC Act.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the confessional statement of co-accused Suman Kumar. He submits that it was co-accused Suman Kumar who made false entry in the pass book, who has already been allowed bail by a bench of this Court vide order dated 23.5.2017, passed in Cr.Misc.No. 14259 of 2017. Petitioner has no antecedent and is in custody since 27.9.2017.

Patna High Court Cr.Misc. No.62664 of 2017 (3) dt.17-02-2018 Counsel for the bank submits that the petitioner was engaged in illegal withdrawal of money from the accounts of bank customers, thereafter co-accused Suman Kumar made false entry in the pass book.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge (Vigilance) 1st, Patna in Special case no. 91/17/ 11/17 on the following conditions:- (a) One of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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