Bhola Tanti @ Bhola Tati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69806 of 2021 Arising Out of PS. Case No.-302 Year-2020 Thana- ROSERA District- Samastipur ====================================================== BHOLA TANTI @ BHOLA TATI S/o Thithar Tanti R/o village- Baijnathpur, P.S.- Rosera, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Narain Sinha For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rosera P.S. Case no. 302 of 2020 instituted for the offence under Sections 409, 188/34 of the Indian Penal Code. As per allegation in the FIR, Branch Manager of Central Cooperative Bank Ltd. of Daulatpur Branch, Rosera Samastipur gave a written report that as per report of the Special Audit Committee, petitioner has committed financial irregularites in small saving scheme as register (receipt) given to agents was missing during inspection. IT is further alleged that tenure of the petitioner was since 1.10.2003 and 09.05.2004 and again since 13.01.2005 to 10.01.2013.
Patna High Court CR. MISC. No.69806 of 2021(5) dt.17-11-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Authority has not disclosed the exact misappropriated amount. No any depositor has come forward to make any complain agains the petitioner. Posting of the petitioner has been shown in the FIR as 13.01.2005 to 10.01.2013 which is incorrect rather his posting period was 01.04.2006 to 18.06.2008 and thereafter he was transferred to Tajpur Branch and the said fact finds support from a letter no. 517 dated 30.10.2020 which was furnished to the petitioner under RTI Act, the same is annexed as Annexure-2 to the petition.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rosera P.S. Case no. 302 of 2020, he will be enlarged 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 Additional Chief Judicial Magistrate-I,
Patna High Court CR. MISC. No.69806 of 2021(5) dt.17-11-2022 3/3 Rosera, Samastipur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U