Nand Kishor Das @ Nand Kishore Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41042 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- UJIYARPUR District- Samastipur ====================================================== Nand Kishor Das @ Nand Kishore Das Son Of Late Baidyanath Das Alias Baidhnath Das Resident Of Village - Shivnagar, P.S. - Ujiarpur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120B, 406, 409, 419, 420 of the Indian Penal Code.

Patna High Court CR. MISC. No.41042 of 2020(6) dt.07-02-2022 2/3 The prosecution case as per F.I.R is that the informant is Ward Member whereas petitioner is Ward Secretary. It is alleged that two cheques of Rs. 70,000/- were issued in the joint signature of the informant and the petitioner but the petitioner fraudulently withdrew Rs. 4,70,000/- in favour of his agency Kishore Enterprises.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. The petitioner has no concern with Kishor Enterprises. Moreover, the withdrawal cheques bear the signature of the informant herself and as such, she cannot shift the responsibility upon any other person being Chairman of the Ward Implementation Committee. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four

Patna High Court CR. MISC. No.41042 of 2020(6) dt.07-02-2022 3/3 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Ujiarpur P.S. Case No. 107 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T