Keshri Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15851 of 2016 (2) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15851 of 2016 Arising Out of PS.Case No. -76 Year- 2013 Thana -PIRBAHOR District- PATNA ======================================================

1. Keshri Kumar Son of Lallu Prasad Resident of At- Nand Gola Badi Sangat, Patna City, Police station Malsalami, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 20.04.2016 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

Petitioner seeks bail in a case registered under sections 419, 420, 406, 467,468, 471 and 120B of the Indian Penal Code. Petitioner is not named in the first information report and he was not bank employee at the relevant time but in course of investigation, it came to light that amount has been deposited in the account of the petitioner.

Learned counsel for the petitioner submits that the concerned Bank manager, who was posted at the relevant time, has already been granted privilege of anticipatory bail provisionally by a coordinate bench of this court on the condition of deposit of Rs 06/- lakhs. The coordinate bench directed the court below to confirm the provisional bail, if the entire amount of Rs 06/- lakhs is deposited. It is

Patna High Court Cr.Misc. No.15851 of 2016 (2) dt.20-04-2016 further submitted that during investigation, it came to light that it was the concerned Bank manager who withdrew the amount from the account of the petitioner. It is further submitted that near about Rs 05/- lakhs has already been deposited with the court below. Learned counsel appearing for the informant submits that up till now, entire amount including interest has not been deposited before the court below. Therefore, petitioner does not deserve bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Pirbahore P.S. Case no. 76/2013.

shahid (Hemant Kumar Srivastava,J) U T