The High Court at Patna rejected the petitioner's prayer for anticipatory bail in a FIR alleging misappropriation by PACS employees. The court directed surrender for regular bail consideration.
Prayer for anticipatory bail stands rejected; petitioner directed to surrender within four weeks.
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.72765 of 2018
Arising Out of PS. Case No.-48 Year-2018 Thana- FESHAR District- Aurangabad
======================================================
Ravindra Sharma, Son of Late Mohan Sharma, Resident of Village- Pirouta, P.S.- Fesar, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Om Prakash, Advocate. For the Opposite Party/s : Mr.Sri Parmeshwar Mehta, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
4 23-04-2019
The petitioner apprehends his arrest in connection with Fesar P.S. Case No. 48 of 2018 registered under Sections 406 and 420/34 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-V, Aurangabad.
The accusation is that Abhiram Vishwakarma, Sri Ramniwash Yadav, Rameshwar Paswan and Rabindra Sharma (petitioner) being the Chairman, Assistant Manager, Cashier and Assistant Cashier of PACS, Badama, Aurangabad, respectively, misappropriated the money deposited by the farmers and others in PACS.
Learned counsel for the petitioner submits that admittedly, the petitioner is the Assistant Cashier in PACS, Badama, Aurangabad Block and his duty was to discharge the direction of
Patna High Court CR. MISC. No.72765 of 2018(4) dt.23-04-2019 2/2
PACS Chairman and governing body of PACS and there is no specific allegation against the petitioner about misappropriating money deposited by the farmers and others in PACS. Further submission is that only it has come during inquiry that conduct of Manager, cashier and petitioner was suspicious.
On the other hand, learned counsel for the State submits that several farmers have given statement before the police under Section 161 of the Cr.P.C. to this effect that while they have deposited the money in the PACS but the same was not returned.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for alleged misappropriation of funds from PACS.
Whether the petitioner's alleged subordinate role exempts him from the grant of anticipatory bail in the present circumstances.
1 provisions across 1 enactments
Ravindra Sharma
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
