Amresh Kumar Arvind v. The State Of Bihar

Patna High Court Cr.Misc. No.19497 of 2015 (3) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19497 of 2015 Arising Out of PS.Case No. -439 Year- 2014 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Amresh Kumar Arvind son of Sachidanand Bishwas R/o Simalbari PostPokhariya, P.s - Sadar, District Purnea at present C/o Sarita Rao Ward Parisad Bhatta Bazar, P.s K. Hat, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 406, & 420 of the Indian Penal Code.

Allegedly an amount of rupees ten lacs was illegally withdrawn from the Purena District Central Cooperative Bank Limited, Purena on 30.6.2012 in which the petitioner is alleged to have conspired. From the First Information Report itself, it appears that the said amount has subsequently been deposited by the person who had withdrawn the amount.

Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.19497 of 2015 (3) dt.23-07-2015 can be no question of conspiracy on the part of the petitioner in connection with the offence as the petitioner joined the Bank as Computer Operator on contract basis on 23.11.2012 and he was not associated with the Bank prior to the said date. He submits that there is no direct material mentioned in the First Information Report on the basis of which the petitioner's involvement can be made out in commission of the offence.

In view of the submissions as above, let petitioner above named in the event of his arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Sadar P.S. case No. 439 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U