Arun Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44213 of 2015 (3) dt.18-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44213 of 2015 Arising Out of PS.Case No. -21 Year- 2008 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Arun Kumar son of Sri Roop Narain Singh, Resident of Village- Chakiya, P.S.- Chakiya, Distt.- East Champaran, at present residing at village Laukaha, P.S.- Chakiya, Distt.- East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Singh For the Opposite Party : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 20.05.2015 in a case instituted under Section 409 of the Indian Penal Code. As per prosecution case, it is a case of defalcation for the distribution of rice through the Sampurna Gramin Rozgar Yojna by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.05.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. Though allegation is that the petitioner was given 879/-

Patna High Court Cr.Misc. No.44213 of 2015 (3) dt.18-12-2015 quintal of rice for the distribution in Sampurna Gramin Rozgar Yojna, petitioner denies receiving any such quantity of rice. It is further submitted that petitioner is ready to deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri P.K.Singh, Judicial Magistrate, Ist Class, Sadar Motihari, East Champaran in connection with Chakiya P.S.Case No.21 of 2008.

(Sudhir Singh, J) B.Kr./- U T