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. ----------- 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 2 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. 3 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 4 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 5 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 6 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.)