Parkash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70310 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Parkash Kumar, Son of Late Lallan Prasad, Resident of Village- Kateya, P.S.- Kateya, District- Gopalganj, at present posted as Chairman, Kateya Nagar Parisad Pacs, Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudama Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 This is an application for grant of anticipatory bail in connection with Kateya P. S. Case No. 113 of 2019, disclosing offences under Sections 406, 420 and 409 of IPC. Petitioner happens to be the Chairman of the PACS and there is allegation that huge amount was collected from the members of the PACS and Rs.12,70,748/- has been deposited and he is not returning the same.

Submission of the learned counsel for the petitioner is that he has not misappropriated the amount, rather recovery of the loan is pending, once the loans were recovered, he has to pay the loan amount to the members and up till now, the auditing has not been done. It has further been submitted that the Manager of the bank has been granted anticipatory bail by a

Patna High Court CR. MISC. No.70310 of 2019(3) dt.02-12-2019 2/3 Co-ordinate Bench of this Court, vide order dated 11.09.2019 passed in Criminal Misc. No. 43743 of 2019. It has further been submitted that there is no specific allegation has been attributed against the petitioner.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that deposit has not been returned by the petitioner, who is the present Chairman of the PACS.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within a period of three weeks from the date of receipt of certified copy of this order, on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-XV, Gopalganj, in connection with Kateya P. S. Case No. 113 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with condition that he has to appear before the I.O. and co-operate in the investigation.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T

Patna High Court CR. MISC. No.70310 of 2019(3) dt.02-12-2019 3/3