Baljit Kumar Singh @ Baljit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27146 of 2017 Arising Out of PS.Case No. -5 Year- 2016 Thana -PANJWARA District- BANKA ====================================================== Baljit Kumar Singh @ Baljit Singh, Son of Ram Pratap Singh, Resident of Village- Kathara, P.S.- Sultanganj, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Prasad Singh, Sr. Advocate Mr. Rajni Kant Jha, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 17-10-2017 Heard Mr. Kanhaiya Prasad Singh, learned Senior Advocate appearing for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Panjwara P.S. Case No.5 of 2016 registered under Sections 420, 409, 467, 468 and 477A of the Indian Penal Code. Learned Senior Advocate appearing for the petitioner submitted that the petitioner has been implicated in this case by the Branch Manager to save his own skin. He submitted that during the relevant period, the petitioner was a Probationer and was attached to the branch only for job training.

Patna High Court Cr.Misc. No.27146 of 2017 (3) dt.17-10-2017 He did not receive any deposit from any account holder nor did he make any payment to any pass-book holder. He submitted that all the deposits were received by the Branch Manager himself. He submitted that in course of investigation, none of the depositors came forward to claim that any wrong entry was made in his account by the petitioner and, without holding any investigation, the investigating officer is bent upon to arrest the petitioner, who is a man of clean antecedent having got roots in the society and is not likely to abscond or tamper with the evidence.

Learned counsel for the State, after going through the case diary, submitted that though the statements of the depositors have not been recorded in the case diary to corroborate the allegations made in the FIR, the allegations made in it are quite serious.

Having regard to facts and circumstances of the case and the submissions made on behalf of the parties, in the event of arrest or surrender in the court below within a period of six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees then thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in

Patna High Court Cr.Misc. No.27146 of 2017 (3) dt.17-10-2017 connection with Panjwara P.S. Case No.5 of 2016 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T