Onkar Mandal @ Onkar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38845 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================
1. Onkar Mandal @ Onkar Prasad, son of Sri Yugal Prasad, R/o VillagePatambar, P.O.- Patambar, P.S.- Sikandra, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sikandra P.S. Case No.205 of 2016 instituted for the offence under Section(s) 419, 420, 467, 468, 471, 120-B/34 Indian Penal Code. Counsel for the petitioner has submitted that name of this petitioner has come in the confessional statement of Gyan Ranjan and Satish Kumar, who were apprehended by the police. They were operators of the Consumer Service Centre, Karma Road, Sikandra.
In the written report, there is allegation that the Informant got information that ATM card of several villagers of Punjab National Bank was recovered. The villagers were surprised as they had not opened any account in the Bank.
Patna High Court Cr.Misc. No.38845 of 2017 (3) dt.22-11-2017 2/3 Thereafter, the Informant approached the Branch Manager and learnt that accounts had been opened through Customer Service Centre, Karma Road, Sikandara, and Gokula. The Informant then raided the aforesaid Customer Service Centre and arrested two persons, namely, Gyan Ranjan and Satish Kumar, who disclosed name of this petitioner, and confessed about opening of the forged accounts.
In such circumstances, there is no recovery of either ATM Card or any incriminating paper from the possession of the petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sikandra P.S. Case No.205 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Jamui, subject to the conditions as laid down under Section 438(2) 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
Patna High Court Cr.Misc. No.38845 of 2017 (3) dt.22-11-2017 3/3 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 tampers 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) JA/- U T