Kumar Anil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72607 of 2018 Arising Out of PS. Case No.-160 Year-2017 Thana- SHAMBHUGANJ District- Banka * ====================================================== Kumar Anil, son of Sri Chandradhan Singh, resident of Village- Sakri, P.S.- Arwal, in the District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. A.P. Singh, Sr. Advocate.

P. N. Sharma, Advocate.

For the State :

Mr. D. Mehta, A.P.P.

For the Informant :

Mr. R.K. Jha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Shambhuganj P.S. Case No. 160 of 2017, registered under Sections 406, 420 and 120B/34 of the Indian Penal Code, pending in the court of Sub-Divisional Judicial Magistrate, Banka. The accusation is that a cheque of Rs.1,00,000/- of UCO Bank, Sambhuganj Branch, was handed over to Bablu Das, proprietor of Akshay Enterprises, for fixing of pipe to supply the drinking water in Parmanandpur Panchayat under the scheme of Mukhyamantri Nischay Yojna but Bablu Das in collusion with the bank officials withdrawn Rs.21,00,000/- by manipulating over the cheque in left side of digit. In spite of several requests, Bablu Das did

Patna High Court CR. MISC. No.72607 of 2018(4) dt.12-03-2019 2/2 not return the money.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is not named in the F.I.R. and his name has come in course of investigation in paragraph 28 of the case diary, to this effect that at the time of withdrawing the money, this petitioner was posted as Deputy Manager in UCO Bank, Main Branch, Bhagalpur.

Learned Additional Public Prosecutor for the State opposed the prayer for bail with contention that, in fact, the cheque of Rs.1,00,000/- issued in the name of Bablu Das was cleared by this petitioner being the Deputy Manager in UCO Bank, Main Branch, Bhagalpur.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T