Purushottam Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22280 of 2022 Arising Out of PS. Case No.-340 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== PURUSHOTTAM PRASAD SINGH SON OF LATE DEVENDRA PRASAD SINGH R/O VILLAGE- SHAHJADPUR, P.S.- UDAKISHUNGANJ, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

LEGAL INCHARGE, HEAD OFFICE, SASARAM, BHABHUA CENTRAL COOPERATIVE BANK LTD. SASARAM KARGAHAR MORE, SASARAM, P.S. AND DISTRICT- ROHTAS, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

:

Mr. Bindhyachal Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel appearing for the Bank.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The informant alleges that petitioner and other accused persons on basis of an inquiry report, it was found that they have defalcated an amount of Rs. 13,01,188.42/- from the Brikramganj of the Cooperative Bank Ltd.

Patna High Court CR. MISC. No.22280 of 2022(2) dt.03-11-2022 2/3 Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that petitioner has retired seven years back and now the present FIR has been instituted. Learned Counsel further submits that vide letter No. 63 dated 17.02.2021, the Migra inquiry team has clearly recorded that someone else had misused the ID of the petitioner after his transfer and defalcated the said amount, it is next submitted that the inquiry based on which the present FIR has been instituted was carried behind the back of the petitioner Learned A.P.P. for the State and learned counsel for the Bank opposes the prayer for anticipatory bail application but are not in position to rebut the submission of the learned counsel for the petitioner that petitioner has retired seven years back and the said letter has recorded that his ID was misused the amount was defalcated by someone else.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.22280 of 2022(2) dt.03-11-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bikramganj P.S. Case No. 340 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T