Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66433 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== SINTU KUMAR Son of Bhola Mahto R/v- Cheirya Bariyarpur, P.S.- Cheriya Bariyarpur, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the bank.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant, who is the Branch Manager of Bharat Financial Inclusion Ltd., Kamtaul Branch, a subsidiary company of IndusInd Bank, alleges that this petitioner being field officer had collected the money from forty-two customers amounting to Rs.8,24,958/- but the said amount was not deposited with the bank and thus alleges that the amount was embezzled.

Patna High Court CR. MISC. No.66433 of 2022(3) dt.24-06-2023 2/3 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner had collected the amount of Rs.5 lakhs and odd and the same was deposited with the bank. Learned counsel for the informant disputing the submission of the learned counsel for the petitioner submits that the bank has been put to loss and at the same time has been discredited on account of the conduct of the petitioner. At this stage, learned counsel for the petitioner submits that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the investigating officer for eliciting the truth. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kamtaul P.S.

Patna High Court CR. MISC. No.66433 of 2022(3) dt.24-06-2023 3/3 Case No. 157 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that in the event if the investigating officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

Let a copy of this order be sent to the concerned police station through the learned trial court. (Satyavrat Verma, J) Kundan/- U T