Ashok Mazumdar @ Ashok Kumar Mazumdar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61311 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== Ashok Mazumdar @ Ashok Kumar Mazumdar S/o Late Nitya Nand Mazumdar R/o village- Gwalpara, P.S.- Gwalpara, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Gwalpara P.S. Case No. 92 of 2018 (District Madhepura) registered for the offence under sections 406,409,420 and 120B of the Indian Penal Code.

As per the allegation in the FIR, one Sanjiv Kumar and Shambhu Kumar Rajak, both employees in the post office defalcated a sum of Rs. 2.16 crores (approx). It is stated that they opened fake account in names of different persons and by operating the same defalcated the amounts.

It is submitted by learned counsel for the petitioner that in good faith the petitioner had handed over the documents

Patna High Court CR. MISC. No.61311 of 2019(3) dt.20-11-2019 2/2 to the above stated co-accused persons to open his account. It is further submitted that he has absolutely no knowledge about the fake account opened in his name and that similarly situated coaccused persons have been enlarged on bail by different orders which have been brought on record as Annexure 2 series to the bail application.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the court below within a period of six weeks from today in connection with Gwalpara P.S. Case No. 92 of 2018 (District Madhepura) is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj Subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U