Om Prakash Nand v. State Of Bihar Through S. P. Economics Offence P.S. Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44057 of 2018 Arising Out of PS.C.ase No. -339 Year- 2016 Thana -CIVIL LINE District- GAYA ======================================================

1. Om Prakash Nand S/o Braj Nandan Ravidas, R/o Hans Bhawan, infront of Panchmukhi Shiv Mandir, Kumhar Toli, Manpur, P.S.- Muffasil, Distt.- Gaya.

.... .... Petitioner/s

Versus

1. State of Bihar Through S. P. Economics offence P.s. Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner as well as the State. Learned counsel for Economic Offence Unit is not present in Court.

The petitioner apprehends his arrest in Civil Lines (Gaya) P.S. Case No. 339/2016, instituted for the offence punishable under Sections 419, 420, 467, 468, 469, 471 and 120(B) of the Indian Penal Code read with Sections 13(2) and 13(1)(d) of the P.C. Act.

Learned counsel for the petitioner has submitted that the petitioner is Cashier in the Bank. He has no concern with the transaction which has been made through the account of the informant. In the written report itself, no any allegation has been made against the petitioner of committing any misappropriation or

Patna High Court Cr.Misc. No.44057 of 2018 (2) dt.25-07-2018 2/2 illegality in the account of the informant. The name of the petitioner has figured during course of investigation. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Civil Lines (Gaya) P.S. Case No. 339/2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Vigilance, 1st, Patna, subject to the conditions as laid down under Section 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 tamper 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.)