Ram Soheshwar Ray v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8134 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ram Soheshwar Ray, Son of Ramdeo Ray, Resident of Village Kaila P.S. Sare, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food Corporation through District Manager, Nalanda. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pankaj Kumar, Advocate. For the Opposite Party-State: Mr. T.P.Mandal, A.P.P. For the Opposite Party no.2: Mr. Nirmal Kumar and Mr. Lokesh, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2016 Heard both sides.

The petitioner apprehends his arrest in Islampur P.S. Case No. 108/15 registered under Sections 409, 420, 34 of the Indian Penal Code.

The petitioner is an Executive Assistant of Islampur Purchase Centre and Ram Bilash Ram is a Block Welfare Officercum-Incharge of Islampur Purchase Centre. On verification of the godown, shortage of huge quantity of paddy worth rupees 97 lacs and odd was found. Learned counsel for the petitioner submits that on the basis of physical verification, the Collector, Nalanda, vide letter no. 1169 dated 16.09.2013, wrote a letter to the District Manager, State Food Corporation that it was the In-charge of the

Patna High Court Cr.Misc. No.8134 of 2016 (7) dt.20-06-2016 2/2 Purchase Centre, who is responsible for the shortage of paddy, but it appears from the subsequent letters of the District Manager, State Food Corporation that the In-charge of the Purchase Centre as well as the Executive Assistant of the Purchase Centre are equally responsible for the shortage of huge quantity of paddy worth rupees 97 lacs.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Islampur P.S. Case No. 108/15. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T