Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52111 of 2018 Arising Out of PS. Case No.-257 Year-2018 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sunil Kumar S/o Parikshan Mahto, R/o Awadhesh Chowk Mahamud Nagar, P.S.- Nagar , District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mufassil (Lakhaura) P.S. Case No. 257 of 2018, disclosing offences under Sections 420, 406, 341, 323 and 354 of the Indian Penal Code.

The petitioner is an employee of Punjab National Bank and was, at the relevant point of time, posted at Lakhaura Branch in the district of East Champaran. It is alleged by the informant that the petitioner was instrumental in getting a loan of Rs. 1,00,000/- sanctioned in her favour. She has alleged that the petitioner thereafter gave her Rs. 50,000/- and rest amount he fraudulently withdrew from the bank, after obtaining the informant's thumb impression on the withdrawal form. Learned counsel appearing on behalf of the petitioner has drawn my attention to the copy of the account ledger inquiry

Patna High Court Cr.Misc. No.52111 of 2018(2) dt.28-09-2018 2/2 of the informant's account to submit that it was the informant who had withdrawn the amount on different dates and when she came to re-payment of the loan, she has started making false accusation against the petitioner.

Be that as it may, in the background of nature of allegation and submission made on behalf of the petitioner, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, in connection with Mufassil (Lakhaura) P.S. Case No. 257 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U