Gopal Prasad @ Gopal Prasad Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.29710 of 2016 (2) dt.04-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29710 of 2016 Arising Out of PS.Case No. -206 Year- 2013 Thana -BIBHUTIPUR District- SAMASTIPUR ======================================================

1. Gopal Prasad @ Gopal Prasad Singh son of late Tej Narayan Singh resident of village Arraha, P.S. Ghailadih, District Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sushil Kumar Jha For the Opposite Party/s Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 04.08.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 384, 420, 406, 467, 468, 471 and 120B of the Indian Penal Code. Petitioner was working as Branch Manager of Central Cooperative Bank, Daulatpur, Rosera, Samastipur and accusation against him is that he connived with the Chairman of the PACS and got an account opened in the name of the informant and subsequently, withdrew the amount from the aforesaid account. Submission on behalf of the petitioner is that Chairman of the PACS has already been granted privilege of bail by the court below itself and so far as the petitioner is concerned, there is nothing on record to show that he played any role in getting the bank account opened in the name of the informant and so far as forged signature of the informant on withdrawal form is concerned, the said signature

Patna High Court Cr.Misc. No.29710 of 2016 (2) dt.04-08-2016 was identified by the Chairman of the concerned PACS and, therefore, even if the aforesaid fact is taken to be true, then also, no responsibility can be fixed upon the petitioner who is languishing in jail custody since 20.5.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Rosera, Samastipur in Bibhutipur P.S. Case no. 206/2013. shahid (Hemant Kumar Srivastava,J) U T