Patna High CourtCR. MISC./45034/2014bail granted

Binay Kumar v. The State Of Bihar

2015-02-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45034 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Binay Kumar Son of Late Maheshwari Sinha Resident of Village - Benat, P.S. - Narhat, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2015 Heard both sides.

The petitioner seeks bail in a case registered under sections 409 and 420/34 of the Indian Penal Code. Manoj Kumar the Headmaster of the School made allegation that the petitioner was accused in Narhat P.S. Cas No. 172 of 2012 and he was granted bail on depositing the entire amount alleged to have been defalcated. The petitioner came out from the jail and again forged the signature of Bindu Devi and withdrew Rs. 2,82,000/- from the S.B.I. account of Hisua Branch. The learned counsel for the petitioner submits that the Brnach Manager was granted bail vide order dated 05.02.2015 on the condition that Branch Manager shall deposit half of the amount in the court below and the court below shall

Patna High Court Cr.Misc. No.45034 of 2014 (2) dt.19-02-2015 2/2 invest the amount in the fixed deposit scheme. Withdrawal of the amount shall be subject to the result of case. It is submitted that the petitioner forged the signature of Bindu Devi but the learned counsel for the petitioner submits that the petitioner did not forge the signature of Bindu Devi rather Bindu Devi herself has put her signature and thereafter the amount was withdrawn. Considering the aforesaid facts, the petitioner is directed to deposit Rs. 1,41,000/- in the court below and the court below shall deposit the same in the fixed deposit scheme and the amount shall be withdrawn subject to the result of the case. After depositing of the amount, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M, Nawada in Narhat P.S. Case No. 86 of 2014.

(Prabhat Kumar Jha, J) M.Rahman/- U T