Umesh Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37104 of 2025 Arising Out of PS. Case No.-1278 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Umesh Manjhi S/o Ghanshyam Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 2.

Putul Devi W/o Gorakh Manjhi Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 3.

Sunaina Devi W/o Lakshami Singh Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 4.

Usha Kumari W/o Chandra Prakash Singh Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 5.

Sanjeet Kumar S/o Late Ramu Ram Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 6.

Amarnath Pandit S/o Late Nokhlal Pandit Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 7.

Pramila Devi W/o Late Kamlesh Thakur Resident of Village- Kurkuri, P.O. and PS Phulwari Sharif, District- Patna 8.

Sarita Kumari @ Sarita Devi W/o Rabindra Kumar Resident of VillageKurkuri, P.O. and PS Phulwari Sharif, District- Patna 9.

Anjani Kumar Sinha S/o Vijay Kumar Sinha Resident of Village- Dhibara, P.S. - Parsa Bazar, Distt.- Patna 10.

Renu Devi W/o Shyam Narayan R/o vill - Nisharpura, P.S - Parsa Bazar, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Advocate Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-09-2025

1. Heard learned Senior counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Phulwarisharif P.S. Case no. 1278 of 2024, registered

Patna High Court CR. MISC. No.37104 of 2025(3) dt.03-09-2025 2/3 under sections 316(5), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, for the kharif season of the year 2022-23, advances were made by the Patliputra Central Co-operative Bank and cash credit was given to the farmers through the Kurkuri PACS. The same had to be refunded to the bank along with interest. It is stated that the total amount due to the PACS is of Rs. 48,10,315/-.

4. Learned Senior counsel appearing for the petitioners submits that the petitioners herein happen to be the member of the PACS. In reference to the statements made in paragraph nos.9 and 10 of the petition, it is submitted that the matter had been settled between the parties and after having received Rs. 10 lacs, by letter dated 6.1.2025 the bank has issued a No Objection Certificate and as a result of the same, the members of the Kurkuri PACS have been excluded from the list of loanees. It is submitted that till 29.4.2025, a total amount of Rs. 29,44,579.82/- has been deposited. Co-accused Premchand Singh has been enlarged on regular bail vide order dated 29.4.2025 passed in Cr. Misc. no.20983 of 2025.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

Patna High Court CR. MISC. No.37104 of 2025(3) dt.03-09-2025 3/3

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners, the statements made in paragraph nos.9 and 10 of the petition as referred to herein above, grant of regular bail to co-accused vide aforesaid order dated 29.4.2025 and the petitioners not having any criminal antecedent, it is directed that all the ten petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Phulwarisharif P.S. Case no. 1278 of 2024 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Patna. (Partha Sarthy, J) Shiv/- U T