IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7255 of 2009 MOHAN PRASAD Son of Late Dhanushdhari Prasad resident of village Sikarpur P.S. Giriyak Dist. Nalanda Petitioner Versus STATE OF BIHAR Opposite party ----------- 2 01.05.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Petitioner is accused for offences punishable under sections 406,420,467,468,471 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that allegation is that the petitioner was the Chairman of Gaurav Dairy Co-operative Society Ltd and Ranjit Kumar was its Treasurer. It was also stated that the petitioner and his wife enrolled 3300 members of the Society from whom a sum of Rs 18 lakhs was received and was deposited in the account of the Co-operative Society, which was operated jointly by the Chairman and the Treasurer. He also submits that further allegation is that the entire amount aforesaid has been siphoned off and was not utilized for the purpose it was deposited. He avers that the entire allegation is false and fabricated and he has got nothing to do with the amount and has been falsely implicated by the informant who was earlier member of the Co-operative Society and was removed by the petitioner. He also states that a parallel proceeding was going before the Registrar, Central Co- operative Society under the provision of section 78 of the Multi State Co-operative Society Act. He also avers that the informant himself was trying to hoist himself as the President of the society - 2 - but Ministry of Agriculture (Department of Agriculture & Cooperation) through its letter dated 28.11.2008 issued under the signature of the Director asked the informant to refrain from claming as the President of the society and earlier letter issued to him addressing him as the President was to be treated to be annulled accordingly. Learned counsel for the petitioner states that he is in custody since several months. Learned counsel for the Informant vehemently opposes the prayer for bail but in the facts and circumstances, this petition for bail is allowed. Let the petitioner, namely, Mohan Prasad be released on bail on furnishing bail bond of Rs 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in Laheri P.S. case no. 164 of 2006. shahid (S.N.Hussain, J)