← Library
Patna High CourtCR. MISC./39212/2018bail granted

Rishikesh Ganesh v. The State Of Bihar, Through The Vigilance Investigation Bureau, Bihar, Patna

2018-08-02Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39212 of 2018 Arising Out of PS. Case No.-79 Year-2009 Thana- VIGILANCE District- Patna ====================================================== Rishikesh Ganesh S/o Late Samehari Lal Ganesh @ Late Sameri Lal Ganesh , R/o Vill.- Takia (Sameshwar), P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar, Through The Vigilance Investigation Bureau, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amal Kumar Sinha For the Opposite Party/s :

Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-08-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Special Case No. 33 of 2009 arising out of Vigilance Case No. 79 of 2009 registered under Sections 406,409,420,467,468,471,477A and 120B of the Indian penal Code and Sections 7, 8, 13(i)(d) and 13(2) of the Prevention of Corruption Act.

Allegation in brief is that petitioner, being Accountant in the Primary Agriculture Credit Co-operative Society (PACCS), is alleged to have disbursed loan to 43 fake persons to the tune of Rs. 6,99,000/-and the same amount has been misappropriated.

Submission is that petitioner is merely an Accountant and sanctioning authority is the Chairman of the PACCS and Mr.

Patna High Court Cr.Misc. No.39212 of 2018(4) dt.02-08-2018 2/2 Mahadeo Prasad Singh, who was the then Chairman of the PACCS, was granted anticipatory bail vide Cr. Misc. No. 40069 of 2010, and other co-accused Amar Nath Roy, Block Cooperative Extension Officer of PACCS vide Cr. Misc. No. 24124 of 2010 and Sukdeo Prasad Singh, Ex-Manager of PACCS vide Cr. Misc. No. 29245 of 2016 have been granted regular bail by the co-ordinate Benches of this Court, whereas petitioner is the Accountant and his business is to only maintain ledger and accounts for accounting purposes. It is also submitted that already Rs. 4,73,500/- has been deposited by the loanees. Having considered the aforesaid facts and circumstances, the petitioner, namely , Rishikesh Ganesh, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance 1st, Patna in connection with Special Case No. 33 of 2009 arising out of Vigilance Case No. 79 of 2009.

(Arun Kumar, J) sujit/- U T