IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23104 of 2008 SANJEEV KUMAR SINGH @ SANJIV KUMAR SINGH Versus STATE OF BIHAR & ANR ----------- 4. 26.08.2008 Heard learned counsel for the petitioner and Mr. Bipin Kumar Sinha, Standing Counsel for the Central Bureau of Investigation. Petitioner is an accused in a case registered for the offences under Section 120B, 409, 420, 467, 468 and 471 of the Indian Penal Code and Under Section 13(2) read with Section 13(1) (c) (d) of the Prevention of Corruption Act. It is submitted on behalf of the petitioner that he was a clerk in the Indian Overseas Bank at Samastipur entrusted with the work of local clearing of the cheques and in that connection he had to take those cheques to the clearing house for getting clearing of the cheques. It is further submitted that in that manner this petitioner alleged to have committed a fraud with those cheques handed over to him causing loss to the bank. It is further submitted that under the rules as the clearing work could not be entrusted to an employee for more than six months as such the petitioner did not do the clearing work as alleged against him. Learned counsel appearing on behalf of Central Bureau of Investigation, on the other hand, submits that the allegation against this petitioner is to the effect that he was entrusted with the clearing work and in that connection he had taken the cheques presented by the customers for clearing and while cheques were being taken to the clearing house, the petitioner removed/destroyed the cheques and altering the clearing sheets and also frauding the entries in the sheet 2 and also submitted a false certificate of the application amount thereby misappropriated and committed the fraud of amount causing loss to the Bank and wrongfully given to the person not entitled. It is further submitted that petitioner during the investigation was not cooperating with the investigation and despite notice he did not turn up before the investigating officer nor he was found at the given address. The counsel for the petitioner, however, disputed the above submission of the same and submitted that the alleged act cannot be attributed against this petitioner if the matters are thoroughly verified and investigated. The CBI, however, did not verify it appropriately and submitted a charge sheet against the petitioner. Considering the above and the materials brought on record and the submission of the parties including the copy of the charge sheet, I am not inclined to grant anticipatory bail to the petitioner. Accordingly the same is rejected. If the petitioner on surrender before the court below makes an application for bail, the same will be considered on its own merits without being prejudiced by the order of this court. Jagdish/- ( Shailesh Kumar Sinha,J.)