Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24047 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -NATWAR District- SASARAM (ROHTAS) ====================================================== Sanjay Kumar, Block Agriculture Officer, Dinara, son of Late Baijnath Prasad Singh, resident of village Pouthu, P.S. Pouthu, Block Rafiganj, District Aurangabad, at present posted as Block Agriculture Officer, Tekari District Gaya.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Dinesh Prasad Singh, District Manager, State Food Corporation, Rohtas at Sasaram.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Mukesh Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2016 Heard both sides.

The petitioner apprehends his arrest in Natwar P.S.Case No. 25 of 2016 registered under Sections 420, 409, 467, 468 and 120 of the Indian Penal Code.

The District Manager, State Food Corporation, Rohtas, Sasaram alleged that the petitioner being Block Agriculture Officer, Dinara was posted for purchasing wheat crop for the year 2012-13. The petitioner purchased 63651.13 quintals of wheat, out of which he supplied 55784.35 quintals of wheat to FCI godown. The petitioner misappropriated 7866.78 quintals of wheat worth Rs.1,12,18,342.95, out of which the petitioner deposited Rs.98,50,000/- through Bank Draft and remaining Rs.13,68,342.95 is lying with the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.24047 of 2016 (3) dt.04-08-2016 petitioner was posted on 7.6.2012 at Natwar Purchase Centre and he was transferred on 8.2.2013. During his tenure as In-charge, Purchase Centre the petitioner received 38648 quintals of wheat and he supplied all the wheat to the FCI godown situated at Sasaram on 6.2.2013 and the petitioner handed over the charge and the then District Manager, State Food Corporation, Rohtas issued a letter vide No. 207 dated 6.2.2013 that the petitioner has already supplied the entire wheat received by him during his tenure at Natwar Purchase Centre and nothing is lying with the petitioner.

No body appears on behalf of the State Food Corporation. Considering the aforesaid facts, the petitioner, Sanjay Kumar, in the event of his arrest or surrender in the court below within a period of four weeks from the date of receipt/production of this order, shall be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Natwar P.S.Case No. 25 of 2016 to the satisfaction of Sri Rajiv Kumar, Judicial Magistrate, 1st Class, Bikramganj (Rohtas), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) spal/- U