This single-paragraph order grants bail to Mahendra Tiwary in a case involving alleged cheat and forgery by a cooperative bank employee. The court relied on the assurance that the actual responsible employee would refund the defalcated money.
Petitioner released on bail on furnishing bonds of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38164 of 2017
Arising Out of PS.Case No. -198 Year- 2016 Thana -CHENARI District- SASARAM (ROHTAS)
====================================================== Mahendra Tiwary, S/o Late Ram Bilash Tiwary R/o at Dewrah P.S. Chenari, District-Rohtas.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Upendra Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER
2 11-08-2017 Heard the learned counsel for the petitioner and APP for the State.
The petitioner seeks bail in connection with Chenari P.S. Case no. 198 of 2016 registered under Sections 409, 420/34 the Indian Penal Code.
As per prosecution case, the petitioner along with two other accused persons have grabbed Rs. 13,93,575/- on the basis of forged L.P.C. and receipts of the farmers by hatching conspiracy.
It is submitted by the learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. The petitioner does not happen to be PACS member. He had no role in the occurrence. As a matter of fact, Ex-Assistant Accountant
Patna High Court Cr.Misc. No.38164 of 2017 (2) dt.11-08-2017
2/2
of the Bank namely, Mahendra Prasad Singh has undertaken that he would deposit the entire defalcated money. The said fact is reflected in the F.I.R. itself. The petitioner is languishing in custody since 05.03.2017.
Considering the facts and circumstances of the case, let above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-S.J. III, Sasaram in connection with Chenari P.S. Case no. 198 of 2016.
(Prakash Chandra Jaiswal, J)
rohit/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case concerning defalcation of funds by a cooperative bank employee.
Whether the petitioner's involvement in the occurrence justifies his continued custody.
1 provisions across 1 enactments
Mahendra Tiwary
State of Bihar
Central Co-operative Bank Ltd.
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
