Prahalad Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41953 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -RAJAUN District- BANKA ======================================================
1. Prahalad Prasad Sah S/o Sri Bodh Narayan Sah Resident of Village - Madhay, P.S. - Rajoun, District - Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Durgesh Nandan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2015 Heard both sides.
The petitioner seeks bail in a case under Section 406, 409, 420 of the Indian Penal Code.
The petitioner is the Manager of the godown of the PACS and Parmanand Mandal is the Chairman. The petitioner and Parmanand Mandal are alleged to have misappropriated paddy worth Rs. 15, 29, 487/-.
It is submitted that a case was lodged before the Joint Registrar, Co-operative Societies, Bhagalpur. The Joint Registrar in his order dated 27.06.2015 passed in Surcharge case No. 26/2015 held that the petitioner is not at all responsible for any misappropriation of paddy rather the Chairman and other members of the Managing Committee of PACS are responsible for
Patna High Court Cr.Misc. No.41953 of 2015 (2) dt.15-09-2015 2/2 misappropriation of paddy and exonerated the petitioner from the liability. Parmanand Mandal, who have been held to be responsible for misappropriation of paddy, has been granted anticipatory bail vide order passed in Cr. Misc. No. 19576/ 2015 on the condition that he was ready to deposit the entire amount of misappropriation, i.e., Rs. 15, 29, 487/-.
Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged on bail 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 Magistrate, Banka in Rajoun P.S. Case No. 32/2015.
(Prabhat Kumar Jha, J) BKS/- U T