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2026 DAILYLAW 21173 (PAT)

Md. Shamsuzzoha @ Ladley v. The State of Bihar

CR. MISC./14150/2026 · 2026-07-01

Rajiv Roy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14150 of 2026 Arising Out of PS. Case No.-146 Year-2017 Thana- SIMRI District- Darbhanga ====================================================== Md. Shamsuzzoha @ Ladley S/o Md. Zubair R/o Village - Bajitpur, P.S - Town, District - Darbhanga ... ... Petitioner/s Versus 1. The State of Bihar 2. Bhartiya Saakh evam Bachat Sahyog Samiti Ltd Through its Chairman Mohalla Kotwali Apna Market Post Lalbagh PS Town Darbhanga ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Padmanabh Kashyap, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 5 01-07-2026 Heard Mr. Padmanabh Kashyap, learned counsel for the petitioner and Mr. Jitendra Kumar Singh representing the State. 2. The petitioner apprehends his arrest in connection with Simari P.S. Case No. 146 of 2017 for the offence registered under sections 467, 468, 471, 406, 419, 420 and 120(B) of IPC and Section 3 of Bihar Protection of Interest of Depositors Act, 2002. 3. As per the prosecution story, the informant alleged that Bhartiya Saakh evam Bachat Sahyog Samiti Ltd Branch, Madhopur was operating in Bastawara Market for several years but was closed for last few months and its employees were Patna High Court CR. MISC. No.14150 of 2026(5) dt.01-07-2026 2/3 absconding. The allegation is that Bank’s cashier, Diwakar Mehta and Piyush Mehta collected lakhs and lakhs of rupees from local villagers and on 12.11.2017, when Diwakar Mehta opened the bank and was trying to remove the furniture and records. The villagers assembled and he was handed over to the Police. Accordingly, request was made to lodge FIR against all the accused persons. 4. Learned counsel for the petitioner submits that though he earlier served as its Branch Manager, resigned on 01.07.2017 and as such, when the FIR came to be lodged in the month of November 2017, his role in the present embezzlement cannot be ascertained. 5. Learned APP, Mr. Jitendra Kumar Singh has once again taken this Court to the FIR to show that the Bank was closed for last few months which clearly show that the accused at that point was/ were on the verge of leaving the place and sensing the same, the Branch Manager (the petitioner herein) came up with the alibi of resigning. The further submission is that the matter is of the year 2017 and the petitioner has moved this Court after nine years. 6. Considering the submissions of the parties aforesaid as also the fact that the poor villagers’ money has been Patna High Court CR. MISC. No.14150 of 2026(5) dt.01-07-2026 3/3 siphoned of, the role of the petitioner being the Branch Manager cannot be ignored, in that background, this Court is not inclined to extend him relief. 7. Accordingly, the anticipatory bail application stands rejected. Vijay Singh/- (Rajiv Roy, J) U T