Shashi Dhar Thakur @ Shree Shashidhar Thakur v. The State Of Bihar

Patna High Court Cr.Misc. No.42211 of 2017 (5) dt.31-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42211 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -MAHESI District- SAHARSA ======================================================

1. Shashi Dhar Thakur @ Shree Shashidhar Thakur Son of Late Dinkar Thakur, R/o Village and P.S.- Bangaon, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhav Jha. Adv. For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 31-01-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Mahishi Police Station Case No. 049 of 2017, disclosing offences under Sections 420, 406, 409, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. As a matter of fact, the instant F.I.R. has been lodged after lapse of three years without explaining the plausible delay. The petitioner has joined the Bank in question on 25.02.2013 and he was superannuated from service on 31.01.2015 and in this regard a letter has also been issued by

Patna High Court Cr.Misc. No.42211 of 2017 (5) dt.31-01-2018 present Branch Manager of the Bank in question, which is evident from annexure-2. During the tenure of this petitioner, no any government fund was defalcated in any manner and the every transaction of the account in question is evident from the annexures, 3, 4, 5 and 6. In support of contention of the petitioner, supplementary affidavit has also been filed bringing the detailed transaction record, which is at Annexure-1 to the S.A. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saharsa, in connection with Mahishi Police Station Case No. 49 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T