Vinod Kumar Mangeshkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10593 of 2018 Arising Out of PS. Case No.-369 Year-2006 Thana- KOTWALI District- Munger ====================================================== Vinod Kumar Mangeshkar S/o Late Madan Das, R/o Village- Ambedkar Nagar, P.S.- Muffasil, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Kamal Nayan For the Opposite Party/s :

Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Kotwali P.S. Case No.369 of 2006, registered under Sections 409, 419, 420, 465, 468, 467 and 471 of the Indian Penal Code.

It is alleged by the C.M.D. of I.D.I.O. Construction & Industries (India) Ltd. that there is only one office of this company situated in Patna but a fake office of this company was opened in Gulab Pokhar at Munger. The Mining Department leased 48.92 acres of land to the Company of the informant for mining but the members of the Nauwagarhi PACS Co-operative Limited and other accused persons named in the FIR opened the fake office of the informant at Munger and invited applications

Patna High Court Cr.Misc. No.10593 of 2018(5) dt.10-04-2018 2/3 for employment from unemployed youths and collected Rs.60,00,000/- and the Chairman and Managing Director of the so called forged branch of the informant's Company applied for loan to the P.A.C.S. and Rs.8.5 lakhs was sanctioned and the money was misappropriated. They also invited tender for mining of the land leased to the informant by the government.

It is contended by the learned counsel for the petitioner that the petitioner is the member of the Nauwagarhi PACS and no specific role is assigned to him in the alleged forged transaction rather Ramdeo Prasad Yadav and Shyamgupt Singh were managing the fake branch of the informant's company and loan was applied by Ramdeo Prasad Yadav and the same sanctioned by Ram Swarup Das, the Chairman of the PACS, who has been admitted to bail by a coordinate Bench of this Court vide Cr. Misc. No.7370 of 2017 on 26.04.2017 and another co-accused Vijay Prasad has also been admitted to bail vide Cr. Misc. No.9294 of 2017 on 01.08.2017. Having considered the aforesaid facts and circumstances, as the allegation against the petitioner is that he is one of the conspirators and also considering the fact that others who sanctioned the loan have been admitted to bail, so

Patna High Court Cr.Misc. No.10593 of 2018(5) dt.10-04-2018 3/3 petitioner Vinod Kumar Mangeshkar is directed to be released 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 CJM, Munger in connection with Kotwali P.S. Case No.369 of 2006.

(Arun Kumar, J) S.KUMAR/- U T