Vijay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17431 of 2018 Arising Out of PS.Case No. -493 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vijay Singh S/o Raghunath Singh, R/o Village- Basgaon, P.O.- Manjhariya, P.S.- Bharogunj, District- West Champran, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The National Central Co-Operative Bank Ltd. Bettiah, West Champaran.

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

For the Petitioner/s : Mr. Rajnish Ranjan For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Bagaha P.S. Case No. 493 of 2015 for the offences punishable under sections 409 and 120 B/34 of the I.P.C.

Allegedly, the petitioner being Chairman of Bans Gaon Majharia PACS took Rs. 2,44,203/- from the National Central Cooperative Bank Ltd. Bettiah to purchase paddy but did not return the said amount to the Bank.

Submission is of false implication, due to mistake of fact, the paddy after purchase was given to the millers, CMR was supplied to the B.S.F.C and on receiving money the petitioner

Patna High Court Cr.Misc. No.17431 of 2018 (2) dt.12-04-2018 2/2 deposited the aforesaid amount in the Bank regarding which the Branch Manager of Nation Central Cooperative Bank Ltd., Bettiah informed the Officer In-charge, Bagha P.S. Vide letter no. 41 dated 19.12.2015, copy of which is annexed as Annexure-3 to this petition, and as such not a single penny is due against the petitioner and other co-accused, namely, Sunil Kumar and Suresh Prasad have been allowed pre-arrest bail vide Cr. Misc. No. 55106 of 2017 by another co-ordinate Bench of this Court. The learned A.P.P. fairly submits that two co-accused have been allowed pre-arrest bail and the case of the petitioner is similar.

In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M, Bagaha, West Champaran in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T