Chandra Kishore Ray And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19341 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -RANIGANJ DistrictARRARIA =====================================
1. Parmanand Singh, Son of Late Aghori Singh
2. Sanjay Kumar Singh, Son of Parmanand Singh Both are residents of village- Mahsaili, P.S.- Bounsi, Basethi, District- Araria.
3. Nazrul Islam, Son of Mumtaj Ali
4. Mojibur Rahman, Son of Nazrul Islam Both residents of village- Karankiya, P.S.- Bounsi Basethi, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Purnea District Central Co-operative Bank Ltd., Purnea.
.... .... Opposite Party/s ===================================== With Criminal Miscellaneous No.19837 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -RANIGANJ DistrictARRARIA =====================================
1. Chandra Kishore Ray, Son of Dharam Lal Ray
2. Gita Devi, Wife of Chandra Kishore Ray Both residents of Village- Farkiya, P.S.- Bounsi Basethi, District- Araria.
3. Lakho Devi, Wife of Upendra Prasad Ray
4. Ashok Kumar Ray, Son of Late Govind Lal Ray Both residents of Village- Gunwanti, P.S.- Bounsi Basethi, District- Araria.
.... .... Petitioner/s
Patna High Court Cr.Misc. No.19341 of 2016 (5) dt.26-08-2016 2/3
Versus
1. The State of Bihar.
2. The Purnea District Central Co-operative Bank Ltd., Purnea.
.... .... Opposite Party/s ===================================== Appearance :
(In Cr.Misc. No.19341 of 2016) For the Petitioner/s : Mr. Baleshwar Kamat, Adv. For the Opposite Party/s : Mr. P.K. Jha (App) (In Cr.Misc. No.19837 of 2016) For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Ram Anurag Singh (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard the parties.
Both these applications, seeking anticipatory bail, arise out of same Raniganj P.S. Case No. 227 of 2015 (G.R. No. 3017 of 2015), registered for the offences punishable under Sections 409 and 420 read with Section 34 of the Indian Penal Code and are being, therefore, taken up together and being disposed of by this present common order.
The petitioners were the Chairman and Members of Primary Agriculture Co-operative Societies. Allegedly, they misappropriated huge
Patna High Court Cr.Misc. No.19341 of 2016 (5) dt.26-08-2016 3/3 amount between Rs. 5,45,000/- and 10,96,000/- inasmuch as, they had withdrawn the said amount from the Bank for the purchase of paddy from the farmers. Allegedly, they did not deposit the paddy at the respective centers.
Considering the gravity of the offence, I am not inclined to grant the petitioners, above named, the privilege of anticipatory bail.
This application is, accordingly, rejected.
The petitioners, above named, are directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T