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Patna High CourtCR. MISC./44749/2017bail granted

Rana Pratap Rai v. The State Of Bihar

2017-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44749 of 2017 Arising out of PS.Case No. -146 Year- 2012 Thana -TARAIYA District- SARAN ====================================================== Rana Pratap Rai (Accountant Assistant), Son of Late Brahmanand Rai, Resident of Village-Khajuri, P.S.-Masharakh, District-saran at Chapra. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Taraiya P.S. Case No. 146 of 2012 instituted for the offence under Sections-406, 420, 467, 468, 471 and 34 of the Indian Penal Code.

It has been submitted that the petitioner was Head clerk in the bank. The informant submitted an application in the bank and on the basis of application, ATM card was issued and the same was received by him which will be apparent from Annexure-2 series. In the written report, there is allegation that the amount has been withdrawn from the account of the informant on various dates by the ATM card. As per annexure-2 series, ATM card has been issued in favour of the informant on the application submitted by him. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.44749 of 2017 (3) dt.31-10-2017 2/2 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Taraiya P.S. Case No. 146 of 2012 to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Saran at Chapra subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T