Sunil Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55106 of 2017 Arising Out of PS.Case No. -493 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunil Kumar son of Late Satyanarayan Prasad, resident of VillageLagunaha, P.S.- Chautarwa, District- West Champaran.

2. Suresh Prasad S/o Late Narsingh Prasad, R/o Hardi Nadawa P.S.- Chautarwa, District- West Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Bagaha P.S. Case no. 493 of 2015, registered under Sections 409 and 120-B of the Indian Penal Code.

The accusation is that both the petitioners being the Chairman of PACS, Lagunaha and Hardinadwa took Rs. 6,44,950/- and Rs. 2,26,386/- respectively to the National Central Co-Operative Bank Ltd., Bettiah for purchasing of paddy, but both did not return the said amount to the Bank.

Learned counsel for the petitioners submits that both the petitioners after milling the said paddy, CMR was supplied to BSFC and on receiving the money, both the petitioners deposited the

Patna High Court Cr.Misc. No.55106 of 2017 (3) dt.20-11-2017 2/2 aforesaid amount to the Bank regarding which Branch Manager, National Central Co-operative Bank Ltd. Bettiah informed the OfficerIn-Charge, Bagha P.S. vide his Letter No. 41, dated 19.12.2015, which is Annexure-2 to this petition. As such, not a single penny is due against the petitioners.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 493 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T