Pramod Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30687 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Pramod Yadav S/o Late Nawal Kishore Yadav Resident of village - Basgadha, P.S. Udakishunganj, District - Madhepura .... .... Petitioner/s
Versus
1. The State of Bihar
2. Upendra Prasad Yadav S/o Late Sakeldeep Yadav Resident of village - Panchwati Dahatwari, P.S. Udakishunganj, District - Madhepura .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.
The petitioner apprehends his arrest in Udakishunganj P.S. Case No. 5/2015, registered for the offences punishable under Section 406, 467, 468, 323, 504 and 506 of the Indian Penal Code. The gist of the allegation against the petitioner is that he opened a private bank in the name of Gramin Vikash Samittee in his house. The complainant/informant and others deposited money and got pass-books, but the petitioner misappropriated the entire amount.
It is submitted that Vikash Kumar Yadav @ Lalu Prasad Yadav filed complaint case no. 1080 of 2013 on the basis of which Udakishunganj P.S. Case No. 179/2013 is registered. Same and
Patna High Court Cr.Misc. No.30687 of 2015 (3) dt.07-10-2015 2/3 similar allegation is made.
The petitioner has neither opened any bank nor issued any passbook under his signature. The petitioner has already been granted bail in Udakishunganj P.S. Case No. 179/2013. It has come during the course of investigation that wife of the petitioner runs a society in the name of Bihar Rural Development Women Self Help Groups and she was the secretary of that society who used to collect money from the members and deposit the same in Udakishunganj North Bihar Rural Bank A/c bearing no. 1007791030008618.
Learned APP however, vehemently opposed the prayer for bail.
The witnesses have stated that they deposited the money in the bank, but no passbook is annexed showing the signature of the petitioner.
Having considered the facts and nature of allegation made against the petitioner that he did not issue any passbook under his signature, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each
Patna High Court Cr.Misc. No.30687 of 2015 (3) dt.07-10-2015 3/3 to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Udakishunganj P.S. Case No. 05/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T