IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13819 of 2008 MANOJ KUMAR SINGH @ MANOJ KUMAR Versus THE STATE OF BIHAR ----------- 3 09.07.2008 Seen the supplementary affidavit filed on behalf of petitioner stating the fact that petitioner, pursuant to this Court’s order, has surrendered. The allegation in the first information report was that about Rs 3,74,000/- was deposited in account with Mano Powai Prathmik Krishi Sahkari Samiti on 30th May 2005 and subsequently another Rs 15,000/- was deposited. Thus, the total amount standing to the credit of Vidyalaya Shiksha Samiti, Prathmik Vidyalaya, Surjichak was Rs 3,88,894/-. This money has been received by the said school and was deposited in its account to be withdrawn when work will start. It is alleged that when work was to start, demand for withdrawal was made but then it was informed that Bank has no money. In the supplementary affidavit, it is now disclosed that soon after the money was deposited, the entire money was, within two months, disbursed as loan to members, details whereof is given. It is also not in dispute that the petitioner was the Chairman of the said Cooperative Bank upto 15th of October 2005 that is during the period when money was deposited and the entire money was disbursed as loans. The petitioner has been removed as Chairman and has no control over the Bank. He submits that he was merely the Chairman of the Bank and there was no entrustment to him nor on his orders, loans were given. I would not like 2 to comment on the said as that may prejudice a party. However, it is made clear that now the Board and the Bank having been superseded and there being an Administrator, who is the Block Education Extension Officer of Lakhisarai, the said Administrator would take expeditious steps to recover defalcated loans immediately by taking all effective steps including certificate proceedings and make good the payment to the Vidyalaya Shiksha Samiti as soon as possible. The petitioner would cooperate in identifying the loanees and help in recovering the money. In the facts and circumstances state above, let the petitioner Manoj Kumar Singh @ Manoj Kumar be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Lakhisarai in Suryagarha Police Station Case No 324 of 2006 dated 10.12.2006. M.E.H./ (Navaniti Prasad Singh)