Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2392 of 2013 … Nand Kumar Jha ... Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party … CORAM: HON’BLE MR. JUSTICE PRASHANT KUMAR. … For the Petitioner : - Mr. P.S. Dayal, Advocate For the State : - Mr. G.S. Prasad, A.P.P … 05/20.09.2013 Anticipatory bail application filed by Nand Kumar Jha, is moved by Sri P.S. Dayal, learned counsel for the petitioner and opposed by Sri G.S. Prasad, learned Additional P.P. for the State. It appears that 08 nos. of demand drafts worth Rs. 63,26,209/- encashed from Central Bank of India, Bistupur Branch in between 22.10.2007 to 24.10.2007 by different persons. It is stated that during the said period, petitioner was working as Manager in the said Branch of the Bank. It is alleged that aforesaid demand drafts have been stolen from Central Bank of India, Panchkuri Branch (W. Bengal) and regarding the theft of aforesaid bank drafts informations given to all the branches of Central Bank of India on 24.09.2007 and 08.11.2007, but inspite of aforesaid information, petitioner cleared the aforesaid bank drafts from 22.10.2007 to 24.10.2007. It appears from Annexure-2 that the Bistupur Branch of Central Bank of India had migrated to Computerized Banking System from 23.06.2007 and its all the controlling instructions were controlled by Centralized Business Division, Belapur, Mumbai. It is also stated in Annexure-2 series and paragraph no. 48 of the case diary that the fact regarding the theft of aforesaid 08 bank drafts had not been feeded in the computer and because of that the said drafts have been cleared by the petitioner. Under the said circumstance, prima facie, I find that the clearance of the drafts were made due to system failure. -2- Considering the aforesaid facts and circumstances and also taking into account that other co-accused are on bail, I allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 01.10.2013 and in the event of his surrender, the learned court below is directed to enlarge the petitioner, above named, 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 Judicial Magistrate, 1st Class, Jamshedpur, in connection with Bistupur P.S. Case No. 369 of 2007 corresponding to G.R. No. 3003 of 2007, subject to the condition as laid down under section 438(2) of the Cr.P.C. ( Prashant Kumar, J.) sunil/