Shyam Kumar Verma @ S. K. Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27990 of 2017 Arising Out of PS.Case No. -286 Year- 2010 Thana -SAHARSA District- SAHARSA ====================================================== Shyam Kumar Verma @ S. K. Verma, Son of Late Deoki Nandan Prasad, Ex. Chief Executive Officer, Central Bank Employees Savings & Credit Self Supported Co-operative Society Ltd. Supaul, Resident of Jay Prabha Nagar, Kayastha Tola, P.S.- Saharsa Town, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Verma, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2017 Heard both sides.

The petitioner apprehends his arrest in Saharsa P.S. Case No. 286/2010, registered for the offences punishable under Section 406, 409, 420, 120B and 504 of the Indian Penal Code. The informant lodged complaint case that he being Member of the Central Bank Employees Savings & Credit Cooperative Society deposited Rs. 1,37,700/-, but he was not paid even a single farthing. Accused no. 14 Md. Humayun was the agent who used to take money from the complainant and deposit the same in the account.

Learned counsel for the petitioner submits that the petitioner was Chief Executive Officer of the Central Bank

Patna High Court Cr.Misc. No.27990 of 2017 (3) dt.21-07-2017 2/3 Employees Savings & Credit Co-operative Society for a short period. Vide annexure 3, it appears that the petitioner was appointed as Chief Executive Officer on 20.11.2004, but he resigned on 25.09.2005. The Co-operative Society is under liquidation. The petitioner is not at all responsible for nonpayment of the amount deposited by the informant. Similarly situated co-accused persons have already been granted anticipatory bail vide order dated 22.04.2011 passed in Cr. Misc. 12567/2011.

It appears that the informant made the Chairman and all Director of the Co-operative Society accused in the case. The petitioner was made accused, as he was Chief Executive Officer of the Co-operative Society. Similarly situated co-accused persons have already been granted anticipatory bail.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 286/2010, subject to the conditions as

Patna High Court Cr.Misc. No.27990 of 2017 (3) dt.21-07-2017 3/3 laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T