Shyam Jee @ Shyam Nandan Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27170 of 2018 Arising Out of PS.Case No. -600 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Shyam Jee @ Shyam Nandan Prasad, Son of Late Bechan Mahto, Resident of Village-Kanhaipur, P.S.-Mokama, Dist.-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Sen Prasad, Advocate. For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Patrakar Nagar P.S. Case No. 600 of 2017 instituted for the offence under Sections 406 and 420/34 of the Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is Assistant Clerk of the Central Bank Staff Co-operative Ltd., Patna. It has further been submitted that petitioner and other staff of aforesaid Bank have made complaint before Sr. Superintendent of Police, Patna, that entire money has been misappropriated by Secretary of the Central Bank Staff Cooperative Limited namely, Nalin Bilochan @ Arun Kumar. It has further been submitted that other employees of the Bank have already been granted anticipatory bail by this Court as well as coordinate Benches of this Court vide order dated 02.07.2018, 23.04.2018 and 03.07.2018 passed in Cr. Misc. 33481 of 2018, 17589
Patna High Court Cr.Misc. No.27170 of 2018 (3) dt.19-07-2018 2/2 of 2018 and 33622 of 2018 respectively.
From the written report it appears that petitioner is employee of the Central Bank Staff Cooperative Limited. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Patrakar Nagar P.S. Case No. 600 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Kumari Vijya, learned Sub Judge-X-cumA.C.J.M., Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.