IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7924 of 2011
Ram Bilash Bishwakarma, Son of Haribansh Bishwakarma.
Resident of Village Durgapur, P.S. Katihar Town, District Katihar.
---------- Petitioner
Versus
The State of Bihar.
-------- Opposite Party
With
Cr.Misc. No.2242 of 2011
1.Krishna Kumar Lal, Son of Late Birendra Kumar Lal.
Resident of Gandhi Nagar Patralay, P.S. Katihar Town, District Katihar.
---------- Petitioner
Versus
The State of Bihar.
-------- Opposite Party
-----------
05/- 18/08/2011 Since both these applications arising out of one
common case are heard together and being disposed of by this
composite order.
Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State, who is armed
with carbon copy of the case diary.
Both the petitioners apprehend their arrest, in
connection with Katihar Town P.S. Case No. 16 of 2008 for the
offences punishable under Sections 406, 409, 467, 468, 120 B of
the Indian Penal Code, are named accused in this case being
office bearers of Central Bank Karamchari Credit Society
Limited, Katihar for relevant periods in different terms with
allegation of causing defalcation and not properly maintaining
account etc.
Submission is that only against petitioner, namely,
Ram Bilash Bishwakarma, there is specific allegation of taking
2
Rs. 25,000/- for purchase of a land. There is no allegation against
co-petitioner, namely, Krishna Kumar Lal. The investigation is
still going on.
Considering the facts and circumstances of the
case, till submission of the charge-sheet/conclusion of the
investigation, in the event of their arrest/surrender before the
court below within four weeks, let the above named petitioners be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount each to
the satisfaction of Chief Judicial Magistrate, Katihar, in
connection with Katihar P.S. Case No. 16 of 2008, subject to
condition laid down under Section 438(2) of the Criminal
Procedure Code with additional condition to remain physically
present before the court below till submission of charge-
sheet/conclusion of the investigation and without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)