Munchun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30607 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -DUMRA District- SITAMARHI ====================================================== Munchun Kumar Son of Late Shivshankar Prasad, Resident of Village - Talakhapur Dumra Bari Bazar, P.S. - Dumra, District - Sitamarhi. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satyavrat Verma, Adv. For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-10-2015 Heard both sides.

The petitioner apprehends his arrest in Dumra P.S. Case No. 07/2014, registered for the offences punishable under Sections 409, 406, 420 of the Indian Penal Code. The informant alleged that the petitioner being the Branch Manager of Co-operative Credit Swablambi Sahkari Samiti Limited, Branch Riga misappropriated Rs. 2,87,677/- Learned counsel for the petitioner submits that the petitioner was not the Branch Manager of the Co-operative Bank, Branch, Riga. He was the Secretary of Co-operative Credit Swablambi Sahkari Samiti Ltd.

The informant himself misappropriated huge amount of the society and he is presently in jail. Even the audit report shows that there was no Branch Manager. Therefore, the deficit amount i.e. Rs. 2,87,677/- is

Patna High Court Cr.Misc. No.30607 of 2015 (3) dt.07-10-2015 2/2 recoverable from the Chief Executive Officer. The petitioner has invested money in the society which has already been distributed among the loanees and the petitioner did not misappropriate any amount. The petitioner had also lodged a case against the Chairman.

Learned Additional P.P., however, vehemently opposed the prayer for bail.

It appears that the Chairman of the Co-operative society alleged that the petitioner defalcated Rs. 2,87,677/-. The FIR is lodged against the petitioner and other Branch Managers of the Society. The audit report shows that the Chairman and other employees and office bearers of the society has misappropriated crores of rupees of the society and the depositors are moving hither and thither for the amounts invested by them but no payment has been made. The petitioner was also one of the office bearer of the society and he is alleged to have misappropriated Rs. 2,87,677/-.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T