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Patna High CourtCR. MISC./13693/2015bail granted

Ajit Azad And ORS. v. The State Of Bihar

2015-07-31Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13693 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -BAHERA DistrictDARBHANGA ======================================================

1. Ajit Azad son of Lilakant Mishra, resident of village- Hatni, P.S. Ghonghardiha, District- Madhubani, Bihar

2. Sunil Sahni, Son of Kailash Sahni, resident of village- Nehra, P.S.- Manigachhi (Nehra O.P.), District- Darbhanga

3. Lalanji Jha, son of Kapleshwar Jha, resident of village- Hadiyani, P.S.- Sakatpur, District- Darbhanga

4. Krishna Bihari Mishra, Son of Budhinath Mishra, resident of villageMahinam, P.S.- Bahera, District- Darbhanga

5. Umesh Jha Son of Rajeshwar Jha, Resident of village- Godhiyari, P.S. Manigachhi, District- Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravish, Adv. For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.

The petitioners seek bail in Bahera P.S. Case No. 90/2015, registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code.

The informant alleged that he is working as an agent of the society and got opened account of 150 persons in which about Rs. 15 lacs were deposited in different branches of Jyoti Sakha of Saving Swablambi Sahkari Samiti. The informant alleged that the petitioners misappropriated the entire amount and fled away after closing the office.

Patna High Court Cr.Misc. No.13693 of 2015 (5) dt.31-07-2015 2/2 It is submitted that petitioners are employees of the society. Petitioner no. 1 is the State Co-ordinator and other petitioners are office staff and Branch Manager of the society which would appear from page 5-14 and onwards of the supplementary affidavit in which the appointment letters of the petitioners are attached. Petitioners are simply paid employees of the society and they are in jail since 04.03.2015.

From the records, it appears that the society was duly registered under the Agriculture Department, Government of India and nobody was taking care of the money deposited in the society. The President and Vice President of the society appointed petitioners and others who were entrusted to do the official duty. Considering the facts aforesaid, the petitioners above named are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Benipur, in connection with Bahera P.S. Case No. 90/2015.

(Prabhat Kumar Jha, J.) Rakhi/- U T