Mohan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29639 of 2015 Arising Out of PS.Case No. -82 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Mohan Kumar Singh S/o Sheo Deyal Singh R/o Village Karma Kale, P.S. - Daudnagar, in the District of Aurangabad.

.... .... Petitioner

Versus

1. The State of Bihar

2. Bihar State Food & Civil Supplies Corporation , Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mr. Ashok Kumar(App) CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2015 Heard both sides.

The petitioner seeks bail in Daudnagar P.S. Case No. 82/2015, registered for the offences punishable under Sections 409, 420 and other Sections of the Indian Penal Code. The petitioner is the owner of the Rice Mill and he lifted 12664.43 quintals of paddy for which he had to deliver 8485.20 quintals of rice. 4860 quintals of rice was supplied by the petitioner but 3625.20 quintals of rice is still undelivered amounting to Rs. 7,85,0519/-.

It is submitted that the petitioner has given Bank guaranty as well as pledged his immovable property. The petitioner also gave Rs. 3 lacs on demand. No milling price or transportation

Patna High Court Cr.Misc. No.29639 of 2015 (2) dt.10-08-2015 2/2 charge was given to the petitioner. The petitioner is in jail since 04.06.2015. Similarly situated co-accused Harendra Singh was granted regular bail vide order passed in Cr. Misc. No. 44588/2015 and co-accused Jitendra Singh was granted anticipatory bail vide order passed in Cr. Misc. No. 43286/2014. Learned counsel for the BSFC alleged that immovable property has not been placed.

On the face, it appears that the officials of BSFC have not looked into the agreement properly and on account of their fault huge quantity of public money have been siphoned. Considering the facts aforesaid, 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 Sub Divisional Judicial Magistrate, in connection with Daudnagar P.S. Case No. 82/2015. (Prabhat Kumar Jha, J.) Rakhi/- U T