Sunil Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25868 of 2018 Arising Out of PS.Case No. -226 Year- 2016 Thana -BARGANIA District- SITAMARHI ====================================================== Sunil Prasad, S/o Nandlal Prasad, Vil+Post- Jamua, P.S.- Bairgania, DistSitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Johail Akhatar, Branch Incharge, Sitamadhi Central Cooperative Bank Ltd., Bairgania, Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP For O.P. No.2 : Mr. Dr. Kislay with Mr. Lalmani Sharma, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2018 Petitioner apprehends his arrest in connection with Bairgania P.S. Case No. 226 of 2016 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Petitioner happens to be Executive Member of PACS and allegation is that he along with Chairman of PACS has withdrawn Rs.32,84,535 for purchase of paddy and now as per FIR Rs.19,63,045/- is due with the petitioner.

Submission of learned counsel for the petitioner is that Annexure-2 shows that nothing is due against the petitioner and he has already deposited Rs.7,05,369/- and whatever is due that is

Patna High Court Cr.Misc. No.25868 of 2018 (4) dt.02-07-2018 2/2 against the BSFC and petitioner is not responsible for that. Further submission is that the Chairman of the PACS has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.3.2018 passed in Cr.Misc.No. 16784 of 2018. Heard learned APP and learned counsel for the Sitamarhi Central Co-operative Bank, who has submitted that Rs.12 lakhs and odd is due with the petitioner and he has not deposited the same.

Having heard learned counsel for the parties and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender within a period of eight weeks from the receipt of this order along with a Bank Draft for Rs. 12 lakh in favour of Sitamarhi Central Co-operative Bank. Once the same is deposited, learned court below will release him on bail to its own satisfaction. It is made clear that the aforesaid amount of Bank Guarantee will be subject to result of the case. (Vinod Kumar Sinha, J) spal/- U