Shiv Prasan Ram @ Shiv Prasan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7076 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Shiv Prasan Ram @ Shiv Prasan Singh son of Late Raghunath Ram, resident of Village- Garhani, P.O.- Garhani, P.S.- Charpokhari, DistrictBhojpur (Labour enforcement Officer at Paddy Purchase centre Dumrao New Bhojpur, P.S. Dumrao, Dist- Buxar).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Managing Director State Food Corporation Bihar Patna. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.7016 of 2016 Arising Out of PS.Case No. -69 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Yamuna Singh son of late S.K. Singh resident of village - Baraka Lohar, P.S. Barhara, Dist - Bhojpur (Retire Labour Enforcement Officer Purchase Centre Brahampur Raghunathpur, Dist - Buxar). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Managing Director State Food Corporation, Patna. .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.7076 of 2016) For the Petitioner/s : Mr. Rajendra Nath Sinha For the State : Mr. U.L.Verma(App) For BSFC : Mr. Shailendra Kumar Singh, Adv. (In Cr.Misc. No.7016 of 2016) For the Petitioner/s : Mr. Rajendra Nath Sinha For the State : Mr. U.L.Verma(App) For the BSFC : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406, 409 and

Patna High Court Cr.Misc. No.7076 of 2016 (2) dt.16-02-2016 2/3 420 of the Indian Penal Code.

The prosecution case is that Buxar Unit of Bihar State Food Civil Supplies Corporation Ltd. supplied 3666.58 quintals of paddy to the owner of M/s New Annapurna Rice Mill, Permanepur. Under the agreement rice mill owner was to supply 2456.61 quintals of CMR but the same was not supplied and thereby `46,75,246/- were embezzled by the owner of the rice mill who was made accused in the FIR but subsequently during investigation the petitioners who were posted as Labour Enforcement Officer at paddy purchase centre, Purana Bhojpur and Dumrao were also made accused.

It is submitted by learned counsel for the petitioners that the agreement was between the BSFC and the owner of M/s New Annapurna Rice Mill, Permanepur and thrust of accusation is against him but maliciously the petitioners have been roped in the present case during investigation. Petitioner Yamuna Singh has now retired from the service.

Considering the thrust of accusation against the owner of rice mill, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two

Patna High Court Cr.Misc. No.7076 of 2016 (2) dt.16-02-2016 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Navanagar P.S. Case No. 69 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T