Surendra Prasun @ Khurendra Prasun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43478 of 2015 Arising Out of PS.Case No. -244 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Surendra Prasun @ Khurendra Prasun S/o Dhirendra Kumar Singh, resident of Village- Kajra, P.S.- Supaul, P.O.- Mohania, Distt- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kishore Kumar Sinha For the Opposite Party/s : Mr. B.N. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 406, 409, 420, 120B of the Indian Penal Code. The Branch Manager of Bihar State Co-operative Bank Ltd., Bihat branch, Begusarai made allegation that Chairman of Goth Baruari PACS was granted cash credit limit for purchasing paddy from different farmers and in lieu thereof he has to issue cheques to different farmers. It is alleged that Dhirendra Kumar Singh did not deliver some paddy for which he issued cheques and thereby he misappropriated Rs. 17, 78, 885/-. It is submitted that petitioner is made accused as Manager of PACS but the petitioner was not the Manager of PACS during the financial years 2012-13. He was appointed as

Patna High Court Cr.Misc. No.43478 of 2015 (4) dt.15-12-2015 2/2 Manager of PACS on 01.09.2014 to look after the election works of the PACS. It is submitted that petitioner did not issue any cheque to any farmer during the financial year 2012-13. Considering the fact that petitioner was not Manager of the PACS during the financial year 2012-13, he did not issue any cheque to any farmer in lieu of purchasing paddy and Dhirendra Kumar Singh, Chairman of the PACS, has already been enlarged on regular bail, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, 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, Supaul in Supaul P.S. Case No. 244 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T