Sh. Ishan Bhardwaj v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62785 of 2018 Arising Out of PS. Case No.-74 Year-2018 Thana- SAKURABAD District- Jehanabad ====================================================== Sh. Ishan Bhardwaj, aged 30 years Son of late Anil Kumar Pathak Resident of C/o Amrendra Kumar, Road No. 3(A), Mahesh Nagar, P.O. Keshri Nagar, P.S. Patliputra, Patna, Bihar- 800024.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Shyam Kumar, aged 26 years S/o Brajbhushan Sharma Incharge of Madhya Gramin Bank, Branch- Gulabganj, Jehanabad, Resident of Village- Jalalpur, P.O. +P.S. Dhanrua, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kumar For the Opposite Party/s :

Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Shakurabad P.S. Case No. 74 of 2018 for the offence under sections 406, 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. He submits that the amount taken by the petitioner was returned and the petitioner is now facing departmental proceeding for the allegation of embezzlement.

Learned counsel appearing on behalf of the Bank submits that petitioner does not deserve anticipatory bail

Patna High Court Cr.Misc. No.62785 of 2018(3) dt.13-12-2018 2/2 because being the Branch Manager he has embezzled the fund, though he has returned the amount after two months. Considering the fact that Bank is proceeding against the petitioner in departmental proceeding and the amount taken by the petitioner has been repaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-1 cum CJM, Jehanabad, in connection with Shakurabad P.S. Case No. 74 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. However, granting anticipatory bail to the petitioner will not in any manner cause prejudice the departmental proceeding. (Anil Kumar Upadhyay, J) Ravi/- U T