IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1037 of 2010 SURENDRA KUMAR, S/o Late Chandrashekhar Pd. Srivastav, R/o Village-Susta, P.S.-Sadar, District-Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02. 13.08.2010 The petitioner who is the Branch Manager of North Bihar Gramin Bank, Branch, Dhamdaha seeks quashing of the order dated 29.05.2009 by which the Chief Judicial Magistrate, Purnea has taken cognizance under Section 3 of Bihar Prevention of Defacement of Property Act in Dhamdaha P.S. Case No. 20 of 2009. The case of the prosecution is that on the Notice Board inside the Bank a poster of the local M.P. had been stuck and therefore the petitioner being the Branch Manager of the Bank was liable for prosecution. The submission of the counsel for the petitioner is that by no stretch of imagination can the petitioner be held accountable for defacement the Notice Board since he was Branch Manager and not a follower of the M.P. therefore the poster stuck on the Notice Board could not be an act of the petitioner. Considering the same, this application is allowed and the order dated 29.05.2009 passed by the Chief Judicial Magistrate, Purnea in Dhamdaha P.S. Case No. 20 of 2009 is hereby quashed. Vikash/- (Anjana Prakash, J.)