Priya Manas Tiwary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35894 of 2017 Arising Out of PS.Case No. -666 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Priya Manas Tiwary, son of Late Binod Kumar Tiwary, R/o Neem Chauk, Bangla Garh, Ram Bagh Campus, near Dental Sewa Sadan, P.O.- Lalbagh, P.S.- LNMU, District- Darbhanga, at present residing at Panna Mill Road, Gurhatta Chauk, P.S.- Mojahidpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Sameer Sinha, Cluster Head, Bandhan Bank, Rental Flat No.158, Kankarbagh Colony, P.S.- Kankarbagh, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Informant : Mr. Dayanand Singh, Adv. For the State : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-12-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 666 of 2016, registered under Sections 420, 409, 467, 468, 471 and 120-B of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Bhagalpur.

The accusation is that petitioner was appointed as Branch Manager, Bandhan Bank, Bhagalpur on 20.04.2015 and he applied for resignation on 09.08.2016 during that period, petitioner being the Branch Manager committed several

Patna High Court Cr.Misc. No.35894 of 2017 (5) dt.12-12-2017 2/2 irregularities and misappropriated Rs. 50,00,000/- including the transfer of Rs. 80,621/- on three dates in the account of his mother Saroj Tiwari and later on the same account was changed in the name of Nilima Devi on the basis of the user I.D of the bank.

Learned counsel for the petitioner submits that, in fact, the petitioner resigned to the post of Branch Manager, Bandhan Bank, Bhagalpur Branch on 09.08.2016 and the same was accepted on 15.11.2016, but with ulterior motive on the basis of internal audit report of the Bank, the petitioner has falsely been implicated in this case.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within six weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T