Dinesh Singh @ Dinesh Prasad Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6457 of 2018 Arising Out of PS.Case No. -566 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================
1. Dinesh Singh @ Dinesh Prasad Singh, Son of Late Indradeo Prasad Singh, resident of Village- Lalgarh, P.S.- Shyampur Bhatta, DistrictSheohar. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Branch Manager, Branch Basbitti of Uttar Bihar Gramin Bank, P.S. + District- Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Jha For the Bank : Mr. Prabhakar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner, learned counsel for the Bank as well as learned counsel for the State. The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 566/2017 instituted for the offences under Sections 420, 406, 409 and 34 of the Indian Penal Code. It is alleged in the written report that between 27.04.2016 to 27.05.2016, six K.C.C. forged accounts were opened through which Rs. 5,70,000/- was withdrawn and deposited to the account of co-accused Md. Moazaam. In the aforesaid transaction, the user I.D. of Sri Nathuni Paswan, Assistant of the Bank and the petitioner (the then Branch Manager) was used. The aforesaid amount was later on, under pressure of the Bank, deposited in the
Patna High Court Cr.Misc. No.6457 of 2018 (4) dt.26-03-2018 2/3 Bank.
Learned counsel for the petitioner has submitted that Md. Moazaam, in whose account the money was credited, has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 14.12.2017 passed in Cr. Misc. No. 60863/2017. The petitioner was Branch Manager at the relevant time and now he has retired. The money has been deposited in the Bank. Learned counsel for the Bank has opposed the prayer of bail of the petitioner.
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 Supaul P.S. Case No. 566/2017, 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 Chief Judicial Magistrate, Supaul, 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
Patna High Court Cr.Misc. No.6457 of 2018 (4) dt.26-03-2018 3/3 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.) Rakhi U T