Wakil Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19210 of 2018 Arising Out of PS.Case No. -47 Year- 2016 Thana -BARUN District- AURANGABAD ======================================================

1. Wakil Prasad Singh, Son of Late Lakshmi Prasad Singh, Resident of Village-Salempur, P.S.-Suryagarha, Dist.-Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd, Aurangabad.

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

For the Petitioner/s : Mr. Satyam Shivam Sundaram, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP For the BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 406/409/420 of the Indian Penal Code.

The FIR was lodged against the rice miller by the District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Aurangabad, on misappropriation of the cost of the paddy. During investigation, allegation was leveled against the petitioner, who was former District Manager, that he supplied second lot of paddy to the miller without recovery of rice of first lot. It has been informed that miller had already been allowed bail with condition

Patna High Court Cr.Misc. No.19210 of 2018 (2) dt.09-04-2018 P2/ that he would deposit bank guarantee of the entire lost amount. Considering the fact that there is no allegation of embezzlement against the petitioner rather of carelessness in duty, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Barun P.S. Case No.47 of 2016, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T