Shyama Nand Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43523 of 2018 Arising Out of PS.Case No. -99 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================
1. Shyama Nand Thakur, S/o Late Bulaki Thakur, Resident of Flat No.306, Priyambika Apartment, Patel Chouk, Vijay Nagar, Rukanpura, Near B V College, P.S.- Rupaspur, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amarendra Narayan For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Agamkuan P.S. Case No. 99/2017, instituted for the offences punishable under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code.
In the written report, there is allegation that the brother of the informant constituted a firm and appointed his wife as proprietor of the said firm. He in collusion with Branch Manager, Punjab National Bank took cash credit of Rs. 1 crore 30 lacs in the year 2015 by mortgaging a joint house of the informant and his brother.
Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. Name of this petitioner has
Patna High Court Cr.Misc. No.43523 of 2018 (3) dt.09-08-2018 2/2 surfaced in supervision note of the superior authority as he was posted as Senior Branch Manager of Punjab National Bank. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Agamkuan P.S. Case No. 99/2017, he shall be released on anticipatory 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, Patna, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)