Chamari Chaudhary v. The State Of Bihar

Patna High Court CR. APP (SJ) No.152 of 2017 (7) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.152 of 2017 Arising Out of PS.Case No. -144 Year- 2011 Thana -SIRDALA District- NAWADA ====================================================== Chamari Chaudhary .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Deepak Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2017 The appellant seeks pre arrest bail in connection with Sirdala P.S. Case No. 144 of 2011, registered for offences punishable under Sections 420, 409, 467, 468 and 34 of Indian Penal Code and Section 3(iv)(ix) of SC/ST Act. Petitioner is a Branch Manager of Madhya Gramin Bank and allegation against him is that he along with other co-accused persons got the accounts of several persons opened and, thereafter, withdrawn the amounts of the beneficiaries from their accounts. It has been submitted on behalf of the appellant that appellant has no role to play in the alleged offence as the accounts of the beneficiaries were opened on the verification of the then Mukhiya and Panchayat Sachiv and during the course of enquiry, it has also come that victims has levelled allegations against the said mukhiya and Panchayat Sachiv. Appellant's name transpired

Patna High Court CR. APP (SJ) No.152 of 2017 (7) dt.19-08-2017 in this case in one of the paragraphs of supplementary case diary. It has further been submitted that the said Mukhiya and Panchayat Sachiv has already been granted bail by this Court. Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of pre arrest bail to the appellant rather appellant should surrender before the special court and make prayer for regular bail and if any such application is filed, the special court after considering the submission of learned counsel for the appellant and also after considering the fact that other co-accused has already been granted bail, shall pass an appropriate order, preferably on the same day, without being prejudiced by the order of this Court. With the above observation, this appeal is disposed of. (Vinod Kumar Sinha, J) sunil/- U T