Ashish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55536 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== ASHISH KUMAR SON OF TARKESWAR PRASAD RESIDENT OF VILLAGE - PIPRAHI, P.S. - PIPRAHI, DISTRICT - SHEOHAR ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
VIPUL KUMAR SON OF RATIBHAN SINGH RESIDENT OF DHARMPUR, P.S.- SAMASTIPUR TOWN, DISTRICT - SASMASTIPUR, PRESENTLY POSTED AS REGIONAL MANAGER UJJIVAN SMALL FINANCE BANK LTD. BRANCH, CHHATAUNI MOTIHARI, DISTRICT - EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, A.P.P.
Mr. Shubham Kumar Singh, Advocate Mr. Madhukar Anand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 406, 420, 467, 468/34 of the Indian Penal Code.
3. It is alleged that this petitioner being posted as Cashier in the Ujjivan Small Finance Bank Ltd. embezzled Rs. 69,36,000/- (sixty nine lacs thirty six thousand) through debit card by cheating in the name of fake 122 customers and thereafter, withdrawn entire amount through ATM.
4. It is submitted on behalf of the petitioner that he
Patna High Court CR. MISC. No.55536 of 2023(2) dt.28-08-2023 2/2 was simply a collector/cashier. He did not receive any loan amount from the customers and it was not the duty of the petitioner to identify the customers. He was merely supposed to make payment on the direction of higher officials.
5. Learned counsel for the opposite party No. 2 opposes the bail application and submits that this petitioner along with other accused persons connived and siphoned off Rs. 69,36,000/- (sixty nine lacs thirty six thousand).
6. Considering the nature of accusation and gravity of the offence, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T