Piyush Pushpam @ Pyush Pushpam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57341 of 2021 Arising Out of PS. Case No.-46 Year-2019 Thana- PURAINI District- Madhepura ====================================================== PIYUSH PUSHPAM @ PYUSH PUSHPAM S/O SRI BIRENDRA LAL DAS R/o village- Saharsa, Ward No. 32, P.S. and District- Saharsa ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Puraini P.S. Case No. 46 of 2019, registered for the offences punishable under Sections 406, 409, 420 & 34 of the Indian Penal Code.

The informant, Rina Devi, is secretary of Education Committee. The bank account of mid-day meal was jointly operated by the informant Rina Devi and Head Master Harishchandra Prasad Gupta. As per allegation, the Head Master in collusion with the present petitioner who is Branch Manager of the Central Bank of India, had withdrawn money by forging the signature of the informant through six cheques.

Patna High Court CR. MISC. No.57341 of 2021(2) dt.11-07-2022 2/2 Learned counsel for the petitioner has submitted that petitioner is a Bank Manager and it is not his business to tally the signature rather it is the business of the Cashier. The payment order was passed by Assistant Manager, Rajiv Kumar, and not by the present petitioner. He has further submitted that Harishchandra Prasad Gupta, the Head Master, had admitted that he has withdrawn the money and in this respect he has filed an affidavit, xerox copy whereof has been annexed as Annexure-2. He has further submitted that the petitioner is a person of clean antecedents.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II at Udakishunganj in connection with Puraini P.S. Case No. 46 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T