Patna High Court - Orders
Rameshwar Paswan vs The State Of Bihar on 19 December, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.72406 of 2018
Arising Out of PS. Case No.-48 Year-2018 Thana- FESHAR District- Aurangabad
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Rameshwar Paswan, Son of Mukhdeo Paswan, Resident of Village-Sheopur
Dehari, P.S.-Fesar, District-Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Om Prakash
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 19-12-2018Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Fesar P. S. Case No. 48 of 2018 dated 26.08.2018 instituted for the offences under Sections 406, 420 and 34 of the Indian Penal Code.
The petitioner is named in the F.I.R. as the Secretary of Barawan PACS in the district of Aurangabad. It appears that on the complaint of the villagers regarding faulty functioning of the PACS by its President namely Abriram Vishwakarma, an enquiry was conducted by five persons. During the course of enquiry, it was found that under the Scheme for deposit of money which would fetch Patna High Court Cr.Misc. No.72406 of 2018(2) dt.19-12-2018 2/3 interest in favour of the investors, the investors were not being provided with pass-books nor were they being given money on maturity of the investments. There were other complaints also before the enquiry committee. Ultimately, it was found by the committee that the conduct of the functionaries of the PACS is suspicious and the manner in which the PACS is being controlled by its President has lef every person associated with the PACS unhappy. In the aforesaid undemocratic way of functioning of the PACS President, petitioner and other functionaries also have supported him.
Learned advocate appearing for the petitioner has submitted that the enquiry report which is the basis of the F.I.R., does not make out any case of misappropriation of public money. The bank account of the PACS or the deposit centre affiliated with the Central Bank has been investigated. A casual and a general statement has been made on the basis of the grievance raised by the members of the PACS and the villagers that the PACS is not being run properly.
For the mischief of Section 406 and 420 to be Patna High Court Cr.Misc. No.72406 of 2018(2) dt.19-12-2018 3/3 attracted, the prosecution is required to bring forth evidence of siphoning off money deposited by the investors or of misappropriation of the same.
The enquiry report which is the basis of the F.I.R. does not indicate anything of that kind.
Call for the legible xerox / carbon copy of the case diary of Fesar P. S. Case No. 48 of 2018 from the Court of learned Additional Chief Judicial Magistrate-V, Aurangabad and list this case afer receipt of the same.
In the meantime, let no coercive steps be taken against the petitioner.
(Ashutosh Kumar, J) skm/-
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