Achyut Narayan Sinha @ Achuyta Narayan Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14843 of 2018 Arising Out of PS.Case No. -402 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================
1. ACHYUT NARAYAN SINHA @ ACHUYTA NARAYAN SINHA, presently posted as Manager, State Bank of India, Branch Dandari, DistrictBegusarai, son of Ishwar Narayan Sinha Awyakta, Resident of VillageBajrangbag, Town Hilsa, P.S. Hilsa, District- Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Om Prakash Maharaj For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends arrest in connection with Barauni (F.C.I.) P.S. Case No.402 of 2015 registered for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. The informant of this case is Branch Manager of the State Bank of India. He has lodged F.I.R. alleging that Ram Niwas Singh presented a cheque for an amount of Rs.12,11,000/- which was issued by one Ganesh Prasad Singh, in his favour to be deposited in the account of Ram Niwas Singh. On suspicion with respect to the genuineness of the amount, the informant being the Branch Manager, contacted with the said Ganesh Prasad Singh, who disclosed that he had issued a cheque for an
Patna High Court Cr.Misc. No.14843 of 2018 (2) dt.05-04-2018 amount of Rs.2,11,000/- only. The amount, which was transferred in the account of Ram Niwas Singh, was immediately restored in the account of the said Ganesh Prasad Singh. It has been submitted that the said Ram Niwas Singh by entering into compromise with Ganesh Prasad Singh, was allowed anticipatory bail in Cr.Misc.No.12401 of 2016 on 10.05.2016 by a coordinate Bench of this court. This petitioner has been dragged into the case only to save the real culprit and there is nothing against this petitioner.
The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the likewise amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Barauni (F.C.I.) P.S. Case No.402 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Kumar, J) Harish/- U