Manoj Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52782 of 2015 Arising Out of PS.Case No. -32 Year- 2015 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Prasad, S/O- Late Rajeshwar Prasad, Prop- M/s- Bajrang Traders Village & P.S.- Ramgarhwa, District- East Champaran, Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Opposite Party/s : Ms. Sahin Begum (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-12-2015 Heard Sri Krishna Mohan Mishra, learned counsel for the petitioner, Ms. Sahin Begum, learned A.P.P. as well as Sri Shailendra Singh, learned counsel, who has appeared on behalf of the opposite party no. 2. / Bihar State Food Corporation. The petitioner, who is mill owner and is in custody in connection with Ramgarhwa P.S. Case No. 32 of 2015 registered for the offence punishable under Section 409, 420 and 120(B) of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner is ready to deposit 20% of the alleged misappropriated amount against the paddy / rice. It was submitted by learned counsel for the B.S.F.C. that total amount to

Patna High Court Cr.Misc. No.52782 of 2015 (3) dt.14-12-2015 2/2 the tune of Rs. 15,91,686.60/- has been alleged to be misappropriated.

In view of the facts and circumstances and the fact that petitioner is ready to deposit 20% of the alleged misappropriated amount, the petitioner be enlarged on bail on deposit of 20% of the alleged misappropriated amount with the B.S.F.C. After payment of the said amount the petitioner namely Manoj Prasad shall be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 32 of 2015 on conditions that one of the bailors must be blood relation of the petitioner and secondly during the trial the petitioner shall remain physically present before the court below on each and every date. If continuously on two dates without prior permission of the trial court the petitioner remains absent his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T