IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.22033 of 2011
Zahir Alam
Versus
The State Of Bihar
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02 15.07.2011 Heard Mr.Rana Pratap Singh, learned senior counsel
appearing for the petitioner and Mrs. Veena Kumari Jaiswal, APP
for the State.
This petition has been filed for grant of anticipatory bail to
the petitioner who is apprehending his arrest in connection with
Dehri P.S. Case No.58 of 2002 registered under Sections 406,
409, 420, 467, 468, 471 and 120(B) of the IPC.
The matter relates to alleged defalcation of an amount of
Rs.52,96,300/- which had been received through Integrated Co-
operative Development Programme (“ICDP” for short), Rohtas,
Sasaram Bhabhua Central Co-operative Bank Limited, and the
District Rural Development Programme, Rohtas. It has been
alleged in the FIR that the Gramodyog Co-operative Ltd.,
Rudrapur, Block Dehri, a co-operative society had launched a
Mushroom producing unit and that the amount advanced to it had
been defalcated by the Managing Body of the said co-operative
society.
Learned counsel for the petitioner submits that the petitioner
has not even been named in the FIR or in any of the documents
appended thereto, nor in the enquiry report submitted by the
Deputy Managing Director-cum-Chief Vigilance Officer, Bihar
State Co-operative Bank Limited. He submits that he was merely
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an Extension Officer of the ICDP and during his tenure some
amount had been advanced in furtherance of the agricultural loan
which had been sanctioned to the said co-operative society by the
District Consideration Committee. As a matter of fact he was
never involved in any way in the process of sanctioning or
disbursement of the loan amount. Defalcation if at all may have
been at the level of the managing body of the society which is
also the finding of the Enquiry Officer.
Having heard the learned counsels for the parties and
after considering the materials on record, this Court directs to let the
petitioner Zahir Alam son of Late Hafiz Alam be released on bail
bond of Rs.25,000/-(twenty five thousand) with two sureties of the
like amount each to the satisfaction of Chief Judicial Magistrate,
Rohtas at Sasaram in connection with Dehri P.S. Case No.58 of
2002 registered under Sections 406, 409, 420, 467. 468, 471 and
120(B) of the IPC in the event of his arrest or surrender within one
month from date of communication of this order subject to the
conditions as laid down under Section 438(2) of the Cr.P.C.
psc (Vikash Jain, J.)