Tribhuwan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8618 of 2021 Arising Out of PS. Case No.-27 Year-2012 Thana- BETTIAH CITY District- West Champaran ====================================================== Tribhuwan Prasad Son Of Sri Yadolal Sah R/O Chhatauni Bazar, Near Hanuman Mandir, P.S.- Chhatauni, Dist.- East Champaran ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Asif Kalim, Advocate For the Opposite Party :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No.27 of 2012 registered for offences under Sections 467, 468, 471, 406, 419, 420 and 120(B)/34 of the Indian Penal Code.

In a case of defalcation, the petitioner, being 65 years old, has retired from service. Though the first information report was lodged on 04.01.2012 but the petitioner is being sought to be arrested now. Therefore, the petitioner has preferred this application for anticipatory bail.

Learned counsel for the petitioner submits that the petitioner has no role in defalcation though he remained in job

Patna High Court CR. MISC. No.8618 of 2021(3) dt.03-03-2022 2/3 at the same place where defalcation was committed after registration of the FIR but his involvement was not found. Some of the accused persons have been terminated from their services. It has been submitted that one FIR named accused Praduman Kumar Prasad and non-FIR accused Anand Prakash Verma have been granted anticipatory bail by different Benches of this Court vide orders dated 27.08.2012 and 21.11.2016 passed in Cr. Misc. No.14420 of 2012 and Cr. Misc. No.16056 of 2015, respectively.

Considering the above and for the reasons mentioned in the orders dated 27.08.2012 and 21.11.2016 passed in Cr. Misc. No.14420 of 2012 and Cr. Misc. No.16056 of 2015, respectively and also considering the fact that the petitioner is a senior citizen and there is no chance of his absconding, this application for anticipatory bail is allowed. Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No.27 of 2012, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.8618 of 2021(3) dt.03-03-2022 3/3 438(2) of the Cr.P.C.

The petitioner is directed to cooperate in investigation as well as conclusion of the trial.

(Sandeep Kumar, J) BT/- U T