Manish Kumar @ Manish Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8816 of 2019 Arising Out of PS. Case No.-186 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== Manish Kumar @ Manish Kumar Singh, Ayodhya Prasad Singh Resident of Dhangain, P.S.-Bikramganj, District-Rohtas, Branch Manager, Bikramganj Branch, the Sasaram Bhabua Central Cooperative Bank Limited, Bikramganj, Rohtas ... ... Petitioner

Versus

1.

The State of Bihar, 2.

The Sasaram Bhabua Central Cooperative Bank Limited, Sasaram Kargahar More Sasaram Rohtas Bihar through its Managing Director 3.

Abhishek Kumar Kanhaiya Chaudhary Resident of Village-Sarohar, P.S.- Dinara, District-Rohtas,Asst. Manager, The Sasaram Bhabua Central Cooperative Bank Limited ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Jha, Advocate For O.P. No. 2 :

Mr. Bindhyachal Rai, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bikramganj P.S. Case no. 186 of 2018, registered under Sections 420 and 409 of the Indian Penal Code. The accusation is that allegation was made by eight farmers about not giving money in spite of taking the withdrawal forms in respect to selling of paddy in the year 2017-18 by the petitioner being the Branch Manager, Co-

Patna High Court CR. MISC. No.8816 of 2019(3) dt.07-05-2019 2/3 operative Bank, Bikramganj, Sasaram, Rohtas. Thereafter, S.D.O. made inquiry and submitted report to the effect that only six farmers, namely, Ajay Kumar Singh, Janardhan Singh, Harendra Tiwari, Bhuneshwar Singh, Chandradeep Singh and Shiv Shankar Singh had deposited withdrawal form for withdrawing the money of paddy, but the money was not paid. Learned counsel for the petitioner submits that without making inquiry of the relevant documents, the SDO submitted its report that six farmers were not paid money in spite of submitting the withdrawal form, but thereafter, the Bank inquired the matter after constituting the committee in which it was detected that six farmers were also paid money on different dates on the basis of their withdrawal form, which has come in paragraph-42 of the case diary (Annexure-2 series), which is internal inquiry report of the Sasaram Central Cooperative Bank. Thereafter, the petitioner was exonerated from the charge levelled against him, which would appear from Annexure-3.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail

Patna High Court CR. MISC. No.8816 of 2019(3) dt.07-05-2019 3/3 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 186 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T