S. Shahnawaz Wajih v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.195 of 2016 Arising Out of PS.Case No. -76 Year- 2013 Thana -PIRBAHOR District- PATNA ====================================================== S. Shahnawaz Wajih, S/o S. Wajihuddin Ahmad, Resident of Bagh Kaloo Khan, Sadar Gali, P.S.- Khajekala, District- Patna .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Kumar Ranjit Ranjan(App) For the informant : Mr. Arun Kumar, Advocate Mr. Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner, the State and the Informant.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 and 120(B) of the Indian Penal Code.

As per the allegation, the loan has been disbursed in the name of the informant without even any application made on his behalf. It has come in the investigation that at the relevant point of time, the petitioner was the Manager of the concerned Bank and the agreement bears signature also on behalf of the bank. Mr. Yogesh Chandra Verma, learned Senior counsel appearing for the petitioner has submitted that allegedly a lone of

Patna High Court Cr.Misc. No.195 of 2016 (4) dt.18-02-2016 2/3 Rs.6 lacs was disbursed in the year 2012 and at that point of time, the petitioner was employed in the bank and subsequently, he has been dismissed from service not on such ground but on some other ground as he was ventilating the grievance of co-workers. Having regard to the facts and circumstances of the case, let the petitioner, namely, S. Shahnawaz Wajih be released on provisional bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Pirbahore P.S. Case No.76/2013, on furnishing bail bond of Rs.

10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure with further condition that Rs.3 lacs would be deposited by the petitioner before the court below which is about half of the amount of the loan disbursed, at the time of surrender, and thereafter, he will deposit balance amount of Rs.3 lacs within a further period of three months. If the payment of Rs. 6 lacs having been made by the petitioner, the court below would make the provisional bail absolute.

However, the aforesaid deposit by the petitioner would be subject to the result of the criminal case concerned and

Patna High Court Cr.Misc. No.195 of 2016 (4) dt.18-02-2016 3/3 also would be without prejudice to the stand which would be taken for his defence in the case concerned.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T