Bana Thakur @ Bana Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14187 of 2022 Arising Out of PS. Case No.-709 Year-2021 Thana- SAHARSA SADAR District- Saharsa ====================================================== Bana Thakur @ Bana Kumar Thakur Son Of Late Niraj Thakur @ Jhakkas Thakur Resident Of Village And P.O.- Rahuamani, Ward No.- 9, P.S.- Bangaon, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 409, 420, 120(B), 467, 468, 471, 34 of the Indian Penal Code.

The prosecution case as per F.I.R is that ten persons filed a complaint alleging that petitioner along with others in collusion with bank officials took signatures of informants and many other co-villagers on different papers in the name of getting them loan from

Patna High Court CR. MISC. No.14187 of 2022(4) dt.02-02-2023 2/3 the bank. The informants further alleged that petitioner in collusion with others got fake receipts issued pertaining to their land and by making fake signatures withdrew loan amount from their accounts. After sometime they received notice from the bank for settlement of case in Lok Adalat to be convened on 11.09.2021 and when they came to Lok Adalat, none of the bank officers were present there. In this way, the petitioner along with others and bank officers embezzled about eight crores of hard earned money of the innocent people.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner does not hold any post in the bank and the discrepancies, if any, were made in sanctioning of the loan amount, the petitioner cannot be held responsible. There is no documentary proof to show that petitioner has received any money from the beneficiaries. In course of investigation, the

Patna High Court CR. MISC. No.14187 of 2022(4) dt.02-02-2023 3/3 Bank has replied that no complaint regarding illegal withdrawal was made in the bank. The petitioner is in custody since 14.09.2021. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 709 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T