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Patna High Court - Orders

Parmanand Bishwas vs State Of Bihar & Anr on 6 September, 2016

Author: Sharan Singh

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA

                                  Criminal Miscellaneous No.36805 of 2016
                       Arising Out of PS.Case No. -259 Year- 2015 Thana -JOKIHAT District- ARRARIA
                 ======================================================
                 1. Parmanand Bishwas son of Govind Lal Biswas, resident of Village-
                 Dharamganj, P.S.-Palasi, District- Araria.
                                                                         .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar
                 2. Purnia District Central Co-operative Bank Ltd. Purnia.
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :   Mr. Baleshwar Kamat
                 For the Opposite Party/s      : Mr. Md. Anzarul Haque Sahara
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER


2   06-09-2016

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Joki Hat Police Station Case No. 259 of 2015, disclosing offences under Sections 406/409/420/34 of the Indian Penal Code.

The petitioner was the Chairman of Dharamganj PACS. The PACS was provided cash credit from the Co- operative Bank for purchase of paddy. Allegedly, the said amount has been misappropriated by the petitioner.

Learned counsel for the petitioner, while denying the allegation made against him, has submitted that the petitioner has deposited the said amount alleged to have Patna High Court Cr.Misc. No.36805 of 2016 (2) dt.06-09-2016 2/2 been misappropriate by him to the tune of Rs. 4,92,146/- with interest (total, Rs. 5,36,429/-).

Considering the above submission, this application is allowed.

Let the petitioner, Parmanand Bishwas, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria, in connection with Joki Hat Police Station Case No. 259 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-

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