IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2166 of 2011
Hari Kishor Mondal @ Hare Krishna Mandal... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opposite Party
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CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner : Mr. Rajesh Kumar, Advocate
For the State : Mr. Shekhar Sinha, A. P. P.
07/20.09.2011
Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is apprehending his arrest in connection
with the case registered under Sections 467, 468, 471, 420, 409,
406/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the
petitioner is the post-master and practically, he is not responsible
for any defalcation. It is also submitted that the other co-accused,
namely, Rajesh Kishore Narayan, Junior Engineer and Vinay
Kumar, Assistant Engineer, have already been granted
anticipatory bail by another Bench of this court on the ground that
they have already been deposited the excess amount which they
have drawn, in A.B.A. No. 1900 of 2011 vide order dated
23.06.2011. It is further contended that the another co-accused
namely, Arbind Singh @ Arvind Singh has also been granted
anticipatory bail by another Bench of this Court in A.B.A. No. 1783
of 2011 vide order dated 14.07.2011 on the same consideration
for excess amount taken by them, has already been deposited.
Learned counsel for the State, Mr. Shekhar Sinha
opposed but he has submitted that from the F.I.R. it is not clear
whether any part has been played by the present petitioner as a
postmaster.
Considering the aforesaid submissions made by both
the parties and considering the fact that the the other co-accused,
who are Junior Engineer and Assistant Engineer have already been
granted anticipatory bail by another Bench of this Court,
petitioner, above named, is directed to surrender in the court
below within a period of one month from the date of this order i.e.
20.09.2011 and in the event of his surrender, the trial Court is
directed to release him on bail, on furnishing bail bond of Rs.
10,000/- (Rs. Ten thousand) with two sureties of like amount each
to the satisfaction of Chief Judicial Magistrate, Dhanbad in
connection with Nirsa P.S. Case No. 91 of 2011 corresponding to
G.R. No. 1461 of 2011, subject to the condition that petitioner will
remain physically present before the trial Court at least once in a
month on the date fixed for trial and one of the bailors will be his
close relative and another will be of local resident having
immovable property within the jurisdiction of the trial court and
also subject to the conditions laid down under Section 438(2) of
the Cr.P.C.
(Jaya Roy, J.)
Satayendra