Indu Bhushan Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.29862 of 2015 (2) dt.31-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29862 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Indu Bhushan Prasad Son of Late Babbu Nandan Prasad Resident of village + P.O. Belahi Nilkanth, P.S. Runni Saidpur, District - Sitamarhi ( Bihar ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Verma For the Opposite Party/s Mr. Uday Chandra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 31.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Chapra Mufassil P. S. case no. 260/2014 registered under sections 409 and 420 of the Indian Penal Code.

It would appear from perusal of the impugned order that in course of investigation, the concerned IO could not succeed to collect any money receipt and moreover, only security guards of Bazar simiti claimed before the Investigating officer that they used to call the shop keepers at the direction of the petitioner.

Submission on behalf of the petitioner is that petitioner retired on 31.1.2014 and after his retirement, present case was lodged. It is further contended by him that, as a matter of fact, petitioner had already deposited collected amount. To fortify the above stated

Patna High Court Cr.Misc. No.29862 of 2015 (2) dt.31-07-2015 contention, he placed the statement of account of the concerned bank and so far as accusation of non-handing over the charge is concerned, learned counsel appearing for the petitioner submitted that the petitioner had already handed over his charge. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, 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, Saran at Chapra in Chapra Mufassil P. S. case no. 260/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T