Diwakar Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47978 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== DIWAKAR LAL, Son of Late Dina Nath Roy, Resident of Mohalla-Alkapuri, P.O-Anisabad, P.S-Gardanibagh, District-Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Helal Ahmad, Adv.
For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.
The prosecution case got initiated on the basis of written report of Punam Singh submitted before the Station House Officer, Gandhi Maidan Police Station is to the effect that the informant is Managing Director of a Company known as Modem AD Agency Pvt. Ltd and in the said Company Coaccused Dhiraj Kumar Singh was working as an Accountant. It is alleged that co-accused Dhiraj Kumar Singh withdrew altogether eighty lakhs rupees from the account of the company by using forged signature of the informant and deposited the
Patna High Court CR. MISC. No.47978 of 2019(2) dt.01-08-2019 2/3 aforesaid amount in the bank accounts of his relatives including the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner was a petty contractor and for construction work the amount was transferred in his bank account. Moreover, the thrust of accusation is against co-accused Dhiraj Kumar Singh. Moreover, similarly situated co-accused Satish Kumar Singh has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 12.07.2019 passed in Criminal Miscellaneous No. 43066 of 2019.
It is submitted by learned APP for the State that the petitioner is named in the FIR with specific accusation. Considering the thrust of accusation against coaccused, Dhiraj Kumar Singh and similarly situated co-accused Satish Kumar Singh has been granted anticipatory bail by a coordinate Bench of this Court, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XVII-cum-ACJM, Patna in connection with Gandhi Maidan P.S. Case No.9 of 2019,
Patna High Court CR. MISC. No.47978 of 2019(2) dt.01-08-2019 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T