Rubesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28578 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Rubesh Kumar S/o Sri Surender Kumar R/o Village+PO- Laugayen, P.S. Amarpur, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 467, 468, 420, 471/34 of the Indian Penal Code.

Petitioner was PACS Manager at the relevant time and there is allegation against him that he sold paddy to private persons instead of selling the same to S.F.C. and withdrew loan amount from the Bank.

Submission on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, no case is made out against the petitioner because the concerned Bank has no concern with the sale or purchase of the paddy and at best, the

Patna High Court Cr.Misc. No.28578 of 2016 (2) dt.18-07-2016 2/2 S.F.C. may lodge prosecution against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 177 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T