Amarnath Bahadur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30849 of 2018 Arising Out of PS.Case No. -20 Year- 2016 Thana -TARIYANI CHOWK District- SHEOHAR ======================================================

1. Amarnath Bahadur S/o Late Laxmi Kant Prasad, Ex-Branch Manager Uttar Bihar Gramin Bank, Branch- Tariani, Chhapra, P.S.- Tariani, DistrictSheohar, R/o Vill.- Mahnar, P.S.- Mahnar, District- Vaishali, Presently residing at Professor Colony, Dumrio Gobarsahi, P.S.- Sadar, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Branch Manager, Uttar Bihar Gramin Bank, Branch Tariyani Chapra, P.S.- Tariyani, District- Sheohar.

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

For the Petitioner/s : Mr. S.N.P.Sinha, Sr. Advocate Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 16.3.2018, seeks bail in Tariani PS Case No. 20 of 2016 registered under Sections 406, 409, 420, 467, 468 and 471 of the IPC.

The allegation in brief is that the petitioner was Branch Manger of Uttar Bihar Gramin Bank, Tariyani Branch, and has misappropriated Rs. 2,68,73,381 which was disclosed at the time of auditing of the branch. It is alleged that he had advanced loan to the tune of 398.95 lakh to 766 account holders but the loan applications were found blank without signature and also sanctioned loan against KCC account without security and several other irregularities were found against the petitioner.

Learned Counsel for the petitioner submits that the petitioner has granted loan to the loanee against the account of the account holders but there is no statement of the account holders during

Patna High Court Cr.Misc. No.30849 of 2018 (3) dt.19-07-2018 investigation that whether money was disbursed to them or not. Further it is also submitted that it may be a case of irregularity in sanction of loan but there is no any defalcation of the amount and the police has submitted charge-sheet in this case and this case was instituted only 14 days prior to his retirement. Having considered the said facts and circumstances, the petitioner, namely, Amarnath Bahadur is directed to be released on bail on furnishing bail bonds of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of ACJM Sheohar in connection with Tariani PS Case No. 20 of 2016 with the following conditions:- (i) One of the bailors shall be a close family member of the petitioner; and (ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.

(Arun Kumar, J) Snkumar/- U T