Yogesh Kumar vs The State Of Bihar
2023 Latest Caselaw 1089 Patna

    IN THE HIGH COURT OF JUDICATURE AT PATNA
            CRIMINAL MISCELLANEOUS No.49085 of 2021
   Arising Out of PS. Case No.-215 Year-2021 Thana- WARISLIGANJ District- Nawada
======================================================

YOGESH KUMAR Son of Late Ashok Prasad @ Ashok Kumar Sharma Resident of Village - Chainpura, P.S. - Warsaliganj, Distt. - Nawada.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47666 of 2022 Arising Out of PS. Case No.-215 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== MADHULIKA RANI Daughter of Late Shrawan Kumar Resident of Dal Mil Chakdiwan, District - Sheikhpura, Pin Code- 811105.

... ... Petitioner/s Versus THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 49085 of 2021) For the Petitioner/s : Mr. N. K. Agrawal, Sr. Adv.

Mr. Amresh Kumar Sinha, Adv.

Mr. Kumar Rajdeep, Adv.

Mr. Arvind Kumar, Adv.

For the Opposite Party/s : Ms. Madhuri Lata (In CRIMINAL MISCELLANEOUS No. 47666 of 2022) For the Petitioner/s : Mr. Raj Nandan Prasad, Adv.

Mr. Vishesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY CAV JUDGMENT

Date : 21-03-2023

The learned counsel for the petitioners is directed to

remove all the defects pointed out by the office within one

month.

Patna High Court CR. MISC. No.49085 of 2021 dt.21-03-2023

I have already heard Mr. N. K. Agrawal, the learned

Senior counsel as well as Mr. Raj Nandan Prasad, the learned

counsel for the petitioners and the learned APP for the State.

In these cases, the petitioners are seeking anticipatory

bail in connection with Warsaliganj P.S. Case No. 215 of 2021,

registered for the offences punishable under Sections 420 and

406/34 of the Indian Penal Code.

The informant, Vinay Kumar is Branch Manager of

South Bihar Gramin Bank, Warsaliganj Branch. He lodged the

FIR alleging therein that the petitioner Yogesh Kumar, who was

Assistant Branch Manager, the petitioner Madhulika Rani, the

Branch Manager and co-accused Vishal Kumar, who was

Assistant in the Branch, have committed financial irregularities

and misappropriation and they, without the consent of the

customers, transferred the amount deposited in their fixed

deposit to some other accounts. The details of 21 fixed deposit

accounts have been given in the FIR, wherefrom the money

deposited by the customers were alleged to have been

transferred without their consent by the petitioners along with

co-accused Vishal Kumar.

The learned counsel for the petitioners have

submitted that some of the account holders have given their Patna High Court CR. MISC. No.49085 of 2021 dt.21-03-2023

applications, mentioning therein that their amounts have been

deposited in the bank accounts as per their consent. They have

also submitted that co-accused Vishal Kumar has been granted

anticipatory bail in Cr. Misc. No. 55762 of 2021.

The learned counsel for the petitioner Madhulika

Rani has submitted that she joined the service as probationer on

18.04.2017 in that Branch. The petitioner Madhulika Rani has

given a written application to the bank authorities. The certified

copy thereof has been annexed with the record, in which she has

stated that she was posted in that Branch, which was over-

burdened and the transaction of her Branch was of Scale II and

III. She had no experience of the banking affairs. The petitioner

Yogesh Kumar was Office Assistant and he had an experience of

banking affairs of ten years. He was involved in the affairs of

the Bank and he used to assist the petitioner Madhulika Rani.

Later on, Petitioner Yogesh Kumar was promoted to the post of

Assistant Manager. On 20.11.2019, she was over-burdened with

the files and when she was searching some papers in Almirah,

accused Yogesh Kumar stealthily caused some entries in her

computer. Later on, it was detected that he transferred

Rs. 5,00,000/- (five lacs rupees) from the account holder

Shailendra Kumar and posted the said amount in the account of Patna High Court CR. MISC. No.49085 of 2021 dt.21-03-2023

Smt. Anita Devi, who is a near relative (Mami) of Yogesh

Kumar. Similarly, he transferred money from the account of

customer Sudha Laxmi into account of his mother Rita Sharma

(mother of Yogesh Kumar) in her Bank Account No.

730600100088618. The petitioner Madhulika Rani has also

mentioned in her application that petitioner Yogesh Kumar has

also committed such type of offence in his earlier place of

posting.

On the other hand, the learned Additional Public

Prosecutor has opposed the prayer for bail and submitted that

petitioner Yogesh Kumar, who is Assistant Manager, transferred

the amount from the account of the customers of the Branch to

the Bank account of his mother and maternal aunt (Mami).

Considering the evidence against the petitioner

Yogesh Kumar, I am not inclined to grant him anticipatory bail.

Accordingly, his prayer for bail is rejected.

So far as the petitioner Madhulika Rani is

concerned, she was a probationer and in her written application,

it has come that it was petitioner Yogesh Kumar, who

transferred money to the account of his maternal aunt (Mami)

after getting access to the computer of the petitioner Madhulika

Rani.

Patna High Court CR. MISC. No.49085 of 2021 dt.21-03-2023

Considering the above-mentioned facts and

circumstances, let the petitioner Madhulika Rani, in the event

of her arrest or surrender, within four weeks from today, be

released on bail on furnishing bail bonds of Rs.10,000/- with

two sureties of the like amount each to the satisfaction of

learned A.C.J.M.-II, Nawada in connection with Warsaliganj

P.S. Case No. 215 of 2021, subject to condition as laid down

under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the

petitioners within the stipulated time mentioned hereinabove,

failing which, the matter shall be brought to the notice of this

Court.

                                            (Nawneet Kumar Pandey, J)
Mahesh/
AFR/NAFR                NAFR
CAV DATE                09.02.2023
Uploading Date          22.03.2023
Transmission Date       22.03.2023