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Patna High CourtCR. MISC./79816/2018disposed

Chhotan Prasad @ Chhote Prasad v. The State Of Bihar

2019-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79816 of 2018 Arising Out of PS. Case No.-295 Year-2017 Thana- ISLAMPUR District- Nalanda ====================================================== Chhotan Prasad @ Chhote Prasad son of Late Tripathi Ram, resident of village-Gaurav Nagar Islampur, Police Station-Islampur, District-Nalanda. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Islampur P.S.Case no.295 of 2017 registered for offences punishable under Sections 409, 420/34 of the Indian Penal Code.

Allegation as per FIR is that the informant who is Incharge Headmaster had an account in the Central Bank of India Branch, Islampur and it is alleged that the bank employees in conspiracy have withdrawn Rs.8,07,540/- by his forged signature and the manipulation in the documents.

Submission of the learned counsel for the petitioner is that the petitioner is a cleaner and he has nothing to do with the withdrawal of the money rather the Officers and class III employees are responsible for that and he was earlier also not

Patna High Court CR. MISC. No.79816 of 2018(3) dt.28-02-2019 2/2 named in the FIR and he is one the employees as such he has been made accused int his case.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender within six months from the date of receipt of the order and on surrender he will be enlarged on provisional bail in connection with Islampur P.S.Case no.295 of 2017 to the satisfaction of the learned ACJM, Hilsa, Nalanda, itself till submission of chargesheet, however, once the charge-sheet is submitted showing any incriminating material against the petitioner, he shall surrender and make prayer for regular bail, which will be considered on its own merit on the basis of materials available on the record at that time against him.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T