IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.16093 of 2009
Malvinder Singh, S/o Jagjit Singh, resident at 106, Aranya
Vihar, Boring Road, P.S. S. K. Puri, District-Patna, at
Present working as Chief Manager, Circle Officer, Punjab
National Bank, Chankaya Tower, "R Block", Patna.
.......Petitioner.
Versus
The State of Bihar. .........................Opposite Party.
with
Cr.Misc. No.16116 of 2009
Shailendra Kishore Sharma, son of Sri Awadh Kishore
Sharma, resident of Village- Dighra, P.S. Pusa, District-
Samastipur. .........................................Petitioner.
Versus
The State of Bihar ............................Opposite Party.
with
Cr.Misc. No.34077 of 2009
Subodh Prasad Kumar, son of Late Arjun Kumar, resident
of Road No. O Shivpuri, Near Gandhi Murti, P.S.Shatri
Nagar, District- Patna. ............................Petitioner.
Versus
The State of Bihar. .............................Opposite Party.
with
Cr.Misc. No.23323 of 2009
Md. Shaique Hussain, son of Late Riyayat Hussain, resident
of Village- Yogendra, Police Station- Jokihat, District
Araria, presently residing at- Harun Nagar Federal Colony,
Sector- II, Police Station- Phulwarisharif, posted as Manager,
Routine, Punjab National Bank, Exhibition Road Branch,
Patna. ................................................Petitioner.
Versus
The State of Bihar .................................Opposite Party.
For the Informant, H.D.F.C. :- Mr. Akhileshwar Prasad
Singh, Sr. Advocate.
Mr. Girijesh Kumar, Advocate.
For the State :- Mr. Dilip Kumar Sinha,A.P.P.
Mr. B. P. Singh, A.P.P.
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24. 16. 3. 2011. Heard learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners are apprehending their arrest
in connection with Gandhi Maidan P.S. Case No. 346 of
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2008, registered under Sections 409, 420, 120 (B) and 201
of the Indian Penal Code.
3. The four anticipatory bail petitions have been
heard together and being disposed of by a common order
as all the four bail petitions arising out of Gandhi Maidan
P.S. Case No. 346 of 2008.
4. The prosecution case as alleged that main
branch of H.D.F.C. has a current account in the Punjab
National Bank, Exhibition Road Branch linked with the
currency chest. The cash used to be deposited through
authorised agency M/S Securitrans India Pvt. Ltd. a
secured cash remitter. On 19. 09. 2008, the H.D.F.C.
Branch remitted Rs. 4.70 crores through M/S Securitrans
India Pvt. Ltd. to the Punjab National Bank, but only Rs.
1.70 crores credited on different dates from 20. 09. 2008 to
03. 10. 2008 and rest was not credited. Again on 21. 10.
2008, Rs. 4.90 crores deposited through M/S Securitrans
India Pvt. Ltd. with specified denomination, the Head
Cashier received the amount but has not credited and Rs.
7.90 crores has been fraudulently misappropriated in
conspiracy with others.
5. The learned counsel for the petitioner of Cr.
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Misc. No. 16093 of 2009 submits that petitioner had no
concern with deposit at Punjab National Bank, Exhibition
Road Branch as he was not posted at that Branch, but went
to Punjab National Bank, Exhibition Road Branch for the
first time on 21. 10. 2008 on direction of Circle head on
intimation about shortage of currency chest. There is no
pay-in-slip issued by Head Cashier for alleged deposit and
receipt of payment on forwarding letter is not permissible
so the official of Punjab National Bank has been falsely
implicated.
6. Learned counsel for the petitioner of Cr.
Misc. No. 16116 of 2009 submits that no act of
commission or omission has been alleged against the
petitioner Mr. Shailendra Kishore Sharma and this
petitioner only went with Mr. Malvinder Singh at his
request to Punjab National Bank Branch on 21. 08. 2008.
7. The learned counsel for the petitioner in Cr.
Misc. No. 34077 of 2009 submits that the petitioner Mr.
Subodh Prasad Kumar not posted at Punjab National
Bank, Exhibition Road Branch of current banking system
but was posted as Chest Officer R.B.I. current chest within
Punjab National Bank, Exhibition Road Branch and is
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separate Section where certain percentage of deposit
amount in Punjab National Bank are to be transmitted and
hence no concern with receipt of money by Head Cashier
of the Bank.
8. Learned counsel for the petitioner of Cr.
Misc. No. 23323 of 2009 submits that petitioner Md.
Shaique Hussain joined as a Routine Manager and is
Incharge of routine work. However, he held the chest key
jointly of the Chest Officer and the Chest Officer and
Cashier are only persons incharge of receiving and
divesting in cash surplus.
9. Learned counsel for the State and learned
counsel for the H.D.F.C. referred paragraphs 57, 66, 69,
130, 131, 140, 162, 165, 167, 168 and 170 of the case
diary and submits that account of H.D.F.C. has its current
account with currency chest facility and Rs. 4.70 crores
and Rs. 4.90 crores was received on 19. 09. 2008 and 21.
10. 2008 respectively through M/S. Securitrans Pvt. Ltd.
by Shri R. K. Narayan, Head Cashier, Punjab National
Bank and issued receipt on forwarding letter as usual. The
delay in crediting the cash is well founded on earlier
communication between Punjab National Bank and
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H.D.F.C. and further crediting of money in account of
H.D.F.C. in Punjab National Bank in between 20.09.2008
to 29. 09. 2008 to extent of Rs. 1.70 crores when no
money deposited in between establish the deposits of
money by H.D.F.C. on 19.09.2008. The case diary further
shows the Audit Inspector found deficiency in currency
chest to the tune of Rs. 4.49 crores and odd and on his
intimation Mr. Malvinder Singh and other sent on
21.10.2008 when deficiency in currency chest was
fulfilled by the money sent by H.D.F.C received by Shri
R. K. Narayan, Head Cashier on 21.10.2008 and was
misappropriated to fulfill the deficit in chest in conspiracy
with Mr. Malvinder Singh amd Mr. Shailendra Kishore
Sharma and others present at the Punjab National Bank on
21.10.2008 followed with cutting in chest register about
the denomination of currency note.
10. Hence having regard to the submission and
going through the case diary and paras referred by the
State and counsel for H.D.F.C. there is prima facie
material too suggest that Rs. 4.70 crores and Rs. 4.90
crores received by Shri R. K. Narain on 19.09. 2008 and
21.10.2008 and during the audit inspection, the Auditor
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found a deficient of Rs. 4.49 crores and odd in currency
chest and said deficiency fulfilled by misappropriating the
amount sent by H.D.F.C. which could well be inferred by
cutting in the register of currency chest in presence of the
petitioners who were present in Punjab National Bank,
Exhibition Road Branch since 3 P.M to 9 P.M. on 21.
10.2008 and hence their involvement may not be ruled out.
11. Hence having regard to the facts and
circumstances of the case, since the matter concerned with
defalcation and misappropriation of huge amount of
Government money, hence I am not inclined to grant bail
to these petitioners. Hence, the anticipatory bail petitions
of these petitioners are hereby dismissed.
m.p. ( Gopal Prasad, J.)