Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41752 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== CHANDAN KUMAR Son of Ran Vijay Singh Resident of Village - Gajragarh, P.S.- Barachatti, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code registered in connection with Barachatti P.S. Case No. 188/2019.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion, as the only material against the petitioner is that he is said to have been seen in the bank premises frequently. It is submitted that the petitioner was appointed on adhoc/daily basis in the bank to do miscellaneous work since 2003 but no complaint whatsoever has been made by anyone against him in the past. The petitioner claims clean antecedent.

Patna High Court CR. MISC. No.41752 of 2019(3) dt.05-09-2019 2/3

4. The learned APP submits that the petitioner is accused in connection with transfer of about Rs.98,000/- of the fixed deposit of Lalmuni Devi which was withdrawn fraudulently through vouchers. However, he has not pointed out any specific objective material against the petitioner from the case diary.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 188/2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself

Patna High Court CR. MISC. No.41752 of 2019(3) dt.05-09-2019 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Prakash Narayan /- U T