Satyam Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17767 of 2024 Arising Out of PS. Case No.-673 Year-2023 Thana- KHARHAGPUR District- Munger ====================================================== Satyam Sinha SON OF LATE ASHWANI KUMAR SINHA RESIDENT OF VILLAGE- BARARI, PS- BARARI, DISTT- BHAGALPUR ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SUDARSHAN KUMAR SON OF LATE GOPAL KRISHNA GOKHLE RESIDENT OF VILLAGE- MANSI GHARARI PO AND PS- MANSI, DISTT- KHAGARIA, POSTED AS AN ASSISTANT DAKSHIN BIHAR GRAMIN BANK, MUZAFFARGANJ BRANCH ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar , Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code .
3 . Allegation in the F.I.R., is based upon inquiry report dated 30.10.2023 wherein it is found during inspection that from 16.04.2018 to 13.11.2019 a fraud was committed by this petitioner and others to the tune of Rs. 10,05,837.35/- .
4. It is submitted on behalf of the petitioner that the petitioner is innocent and has falsely been implicated in this case. In fact, the transactions mentioned in the report of the bank inspector are valid transactions, and no opportunity was
Patna High Court CR. MISC. No.17767 of 2024(4) dt.06-05-2024 2/3 granted to the petitioner before submitting the inquiry report dated October 30, 2023. The petitioner is in possession of the original voucher for 50% to 60 % of transactions made during his tenure. In fact, the real fact is that since the petitioner could not make available the original copy of the vouchers regarding the transactions made during that period, The bank inspector has wrongly held the petitioner responsible for the said transactions amounting to Rs. 10,05,837.45/-. It is further submitted that, vide Paragraph 7 of the bail petition, it is evident that no fraud has been committed by the petitioner. In fact, no money, as reflected in the inquiry report dated October 30, 2023, of the bank inspector, is embezzled or has been syphoned by the petitioner.
It is not the case of the informant that the said amount has been deposited or transferred to the account of the bank or that the petitioner is a beneficiary of the said amount. He finally submits that a departmental proceeding has already been initiated against this petitioner, and he has already been suspended on March 16, 2023, under the signature of General Manager Dakshin Bihar Gramin .
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the fact that a department proceeding
Patna High Court CR. MISC. No.17767 of 2024(4) dt.06-05-2024 3/3 has already been initiated against this petitioner and he is already suspended from the job and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 Chief Judicial Magistrate , Munger in connection with Kharagpur P.S. case No. 673 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U T