Ainul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26405 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- PURNEA SADAR District- Purnia ====================================================== Ainul Haque, S/o Gulzar, R/o Ichalo, Tola Khariat, P.S.- Dagarua, Limited, Purnea.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Branch Manager, the Purnea District Central Co-Operative Bank Limited , Purnea.

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan, Advocate.

For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner, learned counsel appearing for the Purnea District Central Co-operative Bank Limited and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 172 of 2017 registered under Sections 406, 409 and 420 of the Indian Penal Code.

The accusation is that Azizur Rahman @ Azizur Rahman being the Chairman and petitioner being the Manager of PACS, Ichalo, Purnea, took the loan of Rs.3,66,275.98/- from the Purnea District Central cooperative Bank Limited, Gulabbagh Branch, Purnea, for purchasing the paddy from the farmers and supplying the rice after husking of the paddy to the

Patna High Court Cr.Misc. No.26405 of 2018(6) dt.16-01-2019 2/3 B.S.F.C. but petitioner being the Manager and co-accused, Azizur Rahman @ Azizur Rahman being the Chairman misappropriated the said amount.

Learned counsel for the petitioner submits that, in fact, the amount was received by Azizur Rahman @ Azizur Rahman, Chairman of PACS, who has deposited the total amount, as detailed in the F.I.R., which would appear from Annxure 7 to the supplementary affidavit filed on behalf of the petitioner. It is further submitted that co-accused, Azizur Rahman @ Azizur Rahman has already been granted privilege of pre-arrest bail by this Court vide order dated 14.11.2017 passed in Criminal Misc. No. 54022 of 2017.

Learned counsel appearing for the Purnea District Central cooperative Bank Limited, Gulabbagh Branch submits that the amount, as detailed in the F.I.R., has already been deposited by co-accused, Azizur Rahman @ Azizur Rahman. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court Cr.Misc. No.26405 of 2018(6) dt.16-01-2019 3/3 Magistrate, Purnea, in connection with Sadar P.S. Case No. 172 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T