Patna High CourtCR. MISC./64852/2024rejected

Amit Kumar v. The State Of Bihar

2025-03-19Mr. Justice S. B. P. Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64852 of 2024 Arising Out of PS. Case No.-392 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Amit Kumar Son of Jay Narayan @ Jay Narayan Sah Resident of Village - Adampur, P.S. - K. Nagar, District - Purnea ... ... Petitioner/s

Versus

The State of Bihar 2.

Yashwant Kumar S/o Lal Babu Singh R/o village-Himmatputti, P.O.- Karnoul, Dist-Muzaffarpur At Present- Samasta, Micro Finance Ltd, Parbatta Branch, Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Parbatta P.S. Case no. 392 of 2021 instituted for the offence under Sections 419, 420, 467, 471 of the Indian Penal Code.

3. Thrust of accusation is that petitioner along with other co-accused persons, being the officials of Samasta Microfinance Limited, a non-banking finance company, registered with Reserve Bank of India having function to

Patna High Court CR. MISC. No.64852 of 2024(5) dt.19-03-2025 2/3 provide loan to ladies have embezzled Rs. 14,08,322/- (fourteen lakhs eight thousand three hundred twenty two rupees) by manipulating forged document of 72 ladies and sanctioned/ granted loan after hatching conspiracy.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner was working as Branch Credit Manager (BCM) and he has no concern in loan process. It is further submitted that petitioner had worked in the said branch from 30.01.2019 to 14.10.2020 and thereafter, he resigned on 09.04.2021 and his resignation was accepted on 14.06.2021. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

5. Learned APP appearing for the state has vehemently opposed the prayer of bail and submitted that it is specifically alleged in the F.I.R. that from 30.01.2019 to 19.03.2021, petitioner along with other co-accused persons, after hatching conspiracy, have embezzled the aforementioned amount. From perusal of the case diary vide para 4, 11, 12, 35, 59 and 124, it is evident that witnesses

Patna High Court CR. MISC. No.64852 of 2024(5) dt.19-03-2025 3/3 have supported the alleged embezzlement. In para 124, the case has been found true against the petitioner and other coaccused persons.

6. Having heard the learned counsel for the parties, considering the nature of allegation and after going through the facts and circumstances of the case, the role of petitioner as Branch Credit Manager in embezzlement of public money cannot be overlooked. So, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for anticipatory bail stands rejected.

7. The petitioner is directed to surrender before learned court below and pray for regular bail, which may be considered by the court below on its own merit, without being prejudiced by the order of this Court.

(S. B. Pd. Singh, J) Nirajkrs/- U T