Raju Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53121 of 2018 Arising Out of PS. Case No.-131 Year-2015 Thana- PALIGANJ District- Patna ====================================================== Raju Prasad, son of Late Jagdish Prasad, resident of Mittanghat, PostJhauganj, Police Station- Khajekalan, Patna City, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anju Kumari @ Anju Narain For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

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

Allegation is that from the Provident Fund Account of the informant, Rs.9,00,000/- (Rupees Nine Lacs) were withdrawn under a conspiracy by committing forgery. Submission of the learned counsel for the petitioner is that one co-accused, Suman Kant Sinha was a Class-III staff in the Treasury Office and he was the main accused in committing the forgery, leading to withdrawal of money from different Provident Fund Accounts. Suman Kant Sinha is already in jail. The petitioner was simply a driver of Suman Kant Sinha

Patna High Court Cr.Misc. No.53121 of 2018(3) dt.20-12-2018 2/2 and he had no role in the official business of Suman Kant Sinha, nor anything has come up against the petitioner during the investigation. The petitioner has got no such criminal antecedent.

Considering the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Paliganj Police Station Case No.131 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) abhishek/- U T