Dilip Kumar Pathak @ Dilip Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34670 of 2018 Arising Out of PS. Case No.-409 Year-2017 Thana- LAHERIASARAI District- Darbhanga ====================================================== Dilip Kumar Pathak @ Dilip Pathak, Son of Late Suresh Pathak, Resident of Near Kabir Aashram, Sundarpur, Sonar Tola, P.O.- Lalbagh P.S.- Sundarpur, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh For the Opposite Party/s :

Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 409, 467, 468 and 471 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner misappropriated a huge amount of public money with the help of Bank officials.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. In respect of the same offence, three F.I.Rs were instituted. One was instituted by this petitioner. Subsequently the District

Patna High Court Cr.Misc. No.34670 of 2018(3) dt.07-09-2018 2/2 Magistrate constituted a three men committee to enquire into defalcation of Rs.60 lacs. The report of the three men committee is Annexure 2 to the present application. The three men committee held that the informant of the present case to be guilty in connection with defalcation of Rs.60 lacs. The other co-accused has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr.Misc.No.29582 of 2018. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. case No.409 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T