Upendra Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28194 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -NARARI KALA KHURD DistrictAURANGABAD ====================================================== Upendra Kumar Singh Son of Dashrath Singh resident of Village Kanchanpur, P.S. Narari Kala Khurd, District Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar

2. District Magistrate, Bihar State Food Corporation Aurangabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate.

For the Opposite Parties : Mr. B.N.Pandey(App).

For the B.S.F.C.

: Mr. Awadhesh Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The petitioner lifted 5138.00 quintals of paddy and he had to deliver 3442.20 quintals of C.M.R., but he did deposit only 1620 quintals of C.M.R. and thereby he misappropriated a sum of Rs. 39,46,646/-.

It is submitted that a Certificate Case is also pending for realization of the aforesaid amount. The petitioner is in jail since 18.05.2015.

Learned counsel for the B.S.F.C. did not dispute the

Patna High Court Cr.Misc. No.28194 of 2015 (3) dt.01-10-2015 2/2 facts.

Considering the facts aforesaid and the fact that the Certificate Case is also pending for realization of the amount and the petitioner has already remained in jail for 41⁄2 months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Narari Kala Khurd P.S. Case No. 10 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T