Bijay Kumar Ram vs State of Jharkhand

R.R. Prasad, J.—Heard learned Counsel appearing for the petitioner, learned Counsel appearing for he complainant and learned A.P.P. appearing for the State.

The petitioner, who is an accused for offence under Sections 406/409/420/465/467/468/506/34 of Indian Penal Code, prays for anticipatory bail expressing apprehension of his arrest in connection with Bandgaon (Karaikella) P.S. Case No. 47 of 2007.

Learned Counsel appearing for the petitioin Submits that it is the case of the complainant that he had opened an account in the Apna Bank to which the petitioner was the Branch Manager where accused No. 1, Ravi Rai. was supposed to deposit the cheques which he used to collect from the customers but when the complainant knew that the cheques collected by Ravi Rai were never deposited in the Bank, he made inquiry and could know that Ravi Rai has opened one another account in the name of proprietor of M/s. Apex Enterprises on being introduced by the complainant but the complainant had never introduced him and thereby said Ravi Rai in connivance with this petitioner has misappropriated a huge amount belonging to M/s. Apex Enterprises but the petitioner is nowhere responsible either in allowing Ravi Rai to open the account and this would be evident from the letter written by the complainant Just a week before the lodgement of the case disclosing therein that accused No. 1, Ravi Rai, has mischievously opened the account in the name of the proprietor of M/s. Apex Enterprises and thereby the petitioner was requested not to allow said Ravi Rai to withdraw the amount from the account of M/s. Apex Enterprises and this letter itself speaks that the petitioner has not committed any offence. As against this, learned Counsel appearing for the complainant submits that the petitioner in connivance with the other accused did allow Ravi Rai to withdraw the amount belonging to the complainant being proprietor of M/s. Apex Enterprises.

Regard being had to the facts and circumstances, the petitioner, above named, is directed to surrender himself before the Court below within ten days from today, and on his surrender, he shall 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 learned S.D.J.M., Chakradharpur at Chaibasa in connection with Bandgaon (Karalkella) P.S. Case No. 47 of 2007 arising out of G.R No. 332 of 2007, subject to the conditions laid down u/s 438(2), Cr PC.