Ajit Kumar Pandit v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46824 of 2017 Arising Out of PS. Case No.-4 Year-2016 Thana- SUIYA District- Banka ====================================================== Ajit Kumar Pandit, son of Late Gurucharan Pandit, Resident of village/Mohalla- Rani Kothi, Williams Town, Deoghar, P.S.- Deoghar, District- Deoghar (Jharkhand). ... ... Petitioner/s

Versus

1. The State Of Bihar

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

For the Petitioner/s :

Mr. Rajendra Prasad, Sr. Advocate Mr. Pramod Kumar For the Opposite Party/s :

Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-09-2017 Heard Mr. Rajendra Prasad, learned Senior Counsel for the petitioner and Mr. Dayal, APP for the State.. Apprehending his arrest in connection with Suiya P.S. Case No. 4 of 2016 registered under sections 409, 420, 477, 477A of Indian Penal Code, the present application is filed for grant of anticipatory bail.

It is stated that the petitioner is not named in the F.I.R. wherein the allegation of drawing huge amount from different accounts of the Bank is attributed to an employee of the Bank. It appears the name of the petitioner and co-accused Pankaj Paswan transpired in the confessional statement of one of the co-accused. Learned Sessions Judge has also referred to few paragraphs of the case diary that the prosecution case has been

Patna High Court Cr.Misc. No.46824 of 2017(2) dt.21-09-2017 2/2 substantiated.

Learned counsel for the petitioner states that considering the allegation, another co-accused namely Pankaj Paswan has been privileged with anticipatory bail vide order at Annexure-2. He drew attention of the Court to the statement made in paragraph 21 of the bail application wherein it has been stated that in the paragraphs cited by the learned Sessions Judge in the impugned order, the name of the petitioner has not transpired. Considering the aforesaid, it is directed that in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance 1st Patna in Special Case No. 91 of 2017/11 of 2017 (arising out of Suiya P.S. Case No. 4 of 2016) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be own close family member of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T