Gopal Chandra Bose v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51156 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- BIHPUR District- Bhagalpur ====================================================== Gopal Chandra Bose S/o Rajendra Prasad Jha, R/o Vill.- Hariprasad, P.O.+ P.S.- Manshahi, District- Katihar.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar For the Opposite Party/s :
Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP representing the State.
Petitioner, in the present case, is seeking anticipatory bail in connection with Bihpur (Bhawanipur) P.S. Case No. 116 of 2018 registered for the offences punishable under Section 420 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner was at the relevant time posted as Doorstep Councillor of Bandhan Bank. It is submitted that the informant came at the Branch office of the Bank on 14.03.2018, but on that day she had not submitted any written complaint about the alleged transaction which had taken place on 09.03.2018 and 10.03.2018 by which a sum of Rs.49,000/- was allegedly withdrawn using the ATM card of the petitioner. Learned
Patna High Court Cr.Misc. No.51156 of 2018(4) dt.15-01-2019 2/3 counsel submits that till date no CCTV footage has been provided by the Axis Bank, Katihar and Uco Bank, Kishanganj from which the allegation of the informant could have been verified. Learned counsel submits that the petitioner has not been named in the F.I.R. and he has been described as Branch Manager of the Bank whereas he is not the Branch Manager of the Bank rather he is In-charge Head of the DSC. Learned APP for the State is present and has opposed the prayer for bail.
Considering the facts and circumstances of the case wherein the petitioner is not specifically named in the F.I.R. and it is submitted that the concerned bank has not provided CCTV footage so that the allegation against the petitioner could have been verified, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned A.C.J.M., Naugachia, District-Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 116 of 2018, subject to the condition that he will immediately report to the Investigating Officer within a period of three weeks from today and shall
Patna High Court Cr.Misc. No.51156 of 2018(4) dt.15-01-2019 3/3 cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T