Lalan Prasad Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50861 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== Lalan Prasad Sharma son of Late Ram Babu resident of Mohalla - Gurhatta, P.S. Khazekala, Dist - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Food Corporation, Patna - 1.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Sanjay Kr. Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bikramganj P.S. Case No. 60 of 2016 registered under Sections 406/420 of the Indian Penal Code.

The accusation is of defalcation of total Rs. 6,68,597.42 by handing over wheat to the various depot in the less price by making auction.

Learned counsel appearing on behalf of the petitioner submits that when the huge quantity of the wheat started rotting due to dump, he sent several representations to the State Food Corporation, Rohtas requesting them to arrange for lifting the wheat, but no one took any steps to lift the same from the

Patna High Court Cr.Misc. No.50861 of 2016 (5) dt.08-02-2017 2/2 Purchase Centre, which would appear from the Annexure-3 to the application. Further submission is that petitioner is innocent and has falsely been implicated in this case.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Bikramganj in connection with Bikramganj P.S. Case No. 60 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shail/- U T