Ranjan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34998 of 2016 Arising Out of PS.Case No. -313 Year- 2016 Thana -JAHANABAD District- JEHANABAD ====================================================== Ranjan Kumar, son of Nawal Kishore Prasad, Branch Manager, Madhya Bihar Gramin Bank, Branch Kinari, P.S.+District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Madhya Bihar Gramin Bank, through its Regional Manager, Regional Office, Jehanabad.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kumar Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. (Dr) Anand Kumar, Advocate For the State : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of opposite party no. 2 Madhya Bihar Gramin Bank. Petitioner apprehends arrest in connection with Jehanabad P.S. Case No. 313/16 for offences alleged under Sections 420, 406, 409, 120-B/34 of the Indian Penal Code. The prosecution case as per the written report of Regional Officer, Madhya Bihar Gramin Bank, Jehanabad, is that the Sub-Divisional Officer, Jehanabad on enquiry found irregularities with regard to supply of milching cattle as no cattle was found in possession of the beneficiaries but money has been
Patna High Court Cr.Misc. No.34998 of 2016 (2) dt.29-08-2016 2/3 withdrawn.
It has been submitted by the learned counsel for the petitioner that he is posted as Branch Manager in Madhya Bihar Gramin Bank, Kinari at Jehanabad and at the behest of the beneficiaries the present First Information Report has been lodged by the Regional Manager and the said beneficiaries have themselves sworn affidavit that they have received cows on payment. He submits that all the beneficiaries, who had been disbursed loan, have got cows and no misappropriation of Government money as alleged was caused. He further submits that the petitioner has no criminal history, as is evident from paragraph 3 of this petition.
However, learned counsel appearing on behalf of opposite party no. 2 submits that the enquiry is going on departmentally against this petitioner, hence, opposes the prayer for bail.
Learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, since the beneficiaries have sworn affidavit of receipt of cows on payment of money on loan disbursed, let petitioner, above named, in the event of his arrest or
Patna High Court Cr.Misc. No.34998 of 2016 (2) dt.29-08-2016 3/3 surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 313/16, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T