Rajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41339 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Rajesh Kumar son of Late Dinesh Singh, resident of Village- Kumbhi, Police Station- Warisaliganj, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, District- Nawada .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the State : Mr. Jitendra Kr. Roy No.1(App) For the BSFC Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and Corporation entered into an agreement and in pursuant to the aforesaid agreement, 6353.02 quintal paddy was supplied to the petitioner and in lieu thereof, petitioner had to return 4256.64 quintal rice to the Corporation but he deposited only 1080 quintal rice and accordingly, it is alleged that he defalcated huge government money.

The contention on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, it is only a case of breach of agreement which constitutes a dispute of civil

Patna High Court Cr.Misc. No.41339 of 2015 (2) dt.14-09-2015 2/2 nature.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No. 91 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T