Patna High CourtCR. MISC./28750/2023bail granted

Anil Kumar Mandal v. The State Of Bihar

2023-07-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28750 of 2023 Arising Out of PS. Case No.-424 Year-2022 Thana- DHORAIYA District- Banka ====================================================== ANIL KUMAR MANDAL, SON OF SHRI PARMANAND MANDAL RESIDENT OF VILLAGE- WARD NO. 5 MAJALISPUR, PALASI, PSPALASI, DISTT- ARARIA, BIHAR ... ... Petitioner/s

Versus

The State of Bihar 2.

THE REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, KHANJARPUR, BHAGALPUR, BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Sinha For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioner, learned APP for the Stat and learned counsel for the Bank.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 408, 409, 420, 120(B) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with antecedent and the informant alleges that the petitioner along with other 8 named accused person misappropriated an amount of Rs.2,02,90,019/- by unauthorized debit transactions from several SHG accounts.

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case

Patna High Court CR. MISC. No.28750 of 2023(2) dt.25-07-2023 2/3 being an accountant, it is next submitted that from perusal of the allegation as alleged in the FIR, it would be manifest that at best the petitioner committed procedural irregularities and thus was not concerned with defalcation of the amount in question which was done by Late Jitendra Kumar Lal. Learned counsel further submits that the petitioner was proceeded departmentally on the said charges as alleged in the present FIR and thereafter he came to be inflicted with punishment of reduction by three stages in times scale of pay for 3 years. It is next submitted that thereafter on appeal, the said punishment was reduced to two stages for two years.

5. Learned counsel for the petitioner thus submits that even authority did not find fit case for terminating the services of the petitioner. It is thus submits that the FIR was instituted without holding any proper enquiry with regard to the alleged role of the petitioner in the occurrence.

6. Learned A.P.P. and learned counsel for the Bank both oppose the bail application and are not in a position to rebut the submission of learned counsel for the petitioner that the Bank after holding departmental proceeding did not find it a fit case for terminating the services of the petitioner.

7. Consideration the submissions made by the learned

Patna High Court CR. MISC. No.28750 of 2023(2) dt.25-07-2023 3/3 counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below withing a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. Case No. 424 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. The applications stands allowed.

(Satyavrat Verma, J) sanjeev/- U T