Niranjan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6132 of 2016 Arising Out of PS.Case No. -13 Year- 2015 Thana -KAJRAILI District- BHAGALPUR ====================================================== Niranjan Yadav Son of Hridya Yadav Resident of village - Kajraili, P.S. Kajraili, District - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anita Kumari Singh For the Opposite Party/s : Mr. Arun Kumar Singh 5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-02-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420/34 of the Indian Penal Code.
The prosecution case is that the petitioner being the PACS Member along with PACS Chairman and PACS Manager involved in misappropriation of cash credit loan of Rs.4,60,215.40 and interest of Rs.1,83,210.92 total amounting to Rs.6,43,426.32. The FIR was lodged on the basis of the enquiry report.
It is submitted by learned counsel for the petitioner that the petitioner being a Member was not authorized
Patna High Court Cr.Misc. No.6132 of 2016 (2) dt.08-02-2016 2/2 to purchase and sale of the paddy. The sale of the paddy was the work of Chairman and Manager. The PACS Manager has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 23036 of 2015 on the undertaking that he has deposited the part of the alleged amount to the tune of Rs.2,23,000/- and undertook to deposit the rest amount within six months.
Considering the fact that the PACS Manager undertook the deposit the alleged misappropriated amount, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur in connection with Kajraili P.S. Case No. 13 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T