IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1282 of 2009 PRAFULLA KUMAR SIKDAR Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Rajendra Prasad Singh, Sr.Advocate & For the State :Mr. Permeshwar Mehta, APP For the Informant :Mr.Birendra Kr. Sinha, Sr. Advocate, :Mr.Manish Kumar, Advocate & :Mr.Girijesh Kumar,Advocate ---- 3. 22.04.2009 Counsel for the petitioner, counsel for the Bank (HDFC) as well as counsel for the State are present. The petitioner, who is the Chief Manager, Punjab National Bank, Exhibition Road Branch, Patna has approached this Court for grant of anticipatory bail in a case instituted under sections 409,420 and 120B IPC. The allegation in the FIR is that HDFC Bank has a current account at Punjab National Bank, Exhibition Road Branch, Patna and the cash of the HDFC Bank used to be deposited with the said Exhibition Road Branch of Punjab National Bank through an authorized agency. On 19.9.2008 a sum of Rs.4.90 crore was got deposited through the authorized representative of the HDFC Bank. Similarly, on 21.10.2008 a sum of Rs.4.90 crore was handed over to the authorized agent for being deposited in the said current account. The allegation is that the said amount of Rs.4.90 crore was not credited in the said current account of the HDFC Bank. On these facts, the informant has alleged that a sum of - 2 - Rs.7.90 crore has been fraudulently misappropriated by the officials of the Punjab National Bank including the petitioner who was heading the said Branch during the relevant time. It is an admitted position that the matter is still under investigation. Mr. Rejendra Prasad Singh, learned counsel appearing on behalf of the petitioner, submits that if given a chance, he shall explain his stand to the Investigating Officer which may indicate his innocence. The explanation given by him may also help the I.O. in reaching to a just conclusion. Counsel for the Bank, on the other hand, submits that since the petitioner had been continuously evading his arrest, therefore, he has not been charge-sheeted, although charge-sheet in part has already been submitted in respect of some of the co-accuseds on finding the allegations true during the course of investigation. Having considered the rival submissions, this application is disposed of in the following terms: 1. The petitioner abovenamed, in the event of arrest/surrender in the court below within three weeks from today, shall be released on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of CJM, Patna in Ganchi Maidan P.S.Case No.346/08, subject to the conditions as contained in section 438 (2) Cr.PC. 2. The bail so granted to the petitioner, shall be operative for a period of six weeks only - 3 - from the date of release. The petitioner shall approach the Investigating Officer and explain his stand so far as the allegations are concerned. He will fully co-operate in the investigation during the period of bail.. 3. In the event of charge-sheet, the petitioner shall be at liberty to approach the court below for bail which shall be considered and disposed of on its own merit in accordance with law uninfluenced in any manner by the present order. hr ( Kishore K. Mandal )