Vijay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48224 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -NASRIGANJ District- SASARAM (ROHTAS) ====================================================== Vijay Kumar Singh, Son of Sant Bilash Singh, resident of villageAtimiganj, P.S.- Nasriganj, District- Rohtas .... .... Petitioner

Versus

1. The State of Bihar

2. Ved Narain Prasad S/o Hardeo Narain Pd., Asst. Accountant, in Sasaram Bhabhua, Central Cooperative Bank, Branch- Nasriganj, P.S. Nasriganj, District- Rohtas .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Ray, Advocate For the Opposite Party/s : Mr. Shakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Nasriganj P.S. Case No. 21 of 2014, disclosing offences under Sections 467, 468, 471, 409 and 420 of the Indian Penal Code.

The petitioner, at the relevant point of time, was posted as In-charge Branch Manager of Bhabhua Central Bank Limited, Sasaram, Branch- Nasriganj. It is alleged that he manipulated issuance of cheque books in the name of one Shiv Kumar Tiwari, Chairman of PACS under Rohtas district and by

Patna High Court Cr.Misc. No.48224 of 2014 (3) dt.28-08-2015 2/3 misusing the said cheque books, he defalcated a sum of Rs. 15,75,000/-. He has further submitted that the cheques, said to have been fraudulently issued, are evidently account payee cheques and the amount must have been deposited in the respective account.

In view of the nature of allegation against the petitioner, this Court vide order dated 14.05.2015 had directed for impleadment of the informant as opposite party no. 2 in the present case. Though the informant is being represented by learned counsel, nothing has been brought on record to substantiate that the amount has not been deposited in the concerned account.

In view of the above, I am inclined to grant the petitioner privilege of anticipatory bail.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 21 of 2014, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.48224 of 2014 (3) dt.28-08-2015 3/3 This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is indicated that it will be open to the Police to issue the petitioner notice of appearance, as and when required for the purpose of interrogation and if it is done so, the petitioner shall be present before the Police, failure of which may result into cancellation of bail granted by virtue of the present order. (Chakradhari Sharan Singh, J) Vats/- U T