Shambhu Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16308 of 2025 Arising Out of PS. Case No.-57 Year-2015 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Shambhu Prasad Singh S/O Late Bhagwan Singh R/O Village- Simra, P.SParsa Bazar, Distt.- Patna. Permanent Resident of- Mohalla Nichi Bhoor, Near Ex M.P. Sri Ravi Prakash Verma residence, Gola Gokaran Nath, Khiri, P.SGola Gokaran Nath, Distt.- Lakhimpur Khiri ( Uttar Pradesh). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar State Food and Civil Supplies Corporation Ltd. Through its Principal Secretary. Bihar 3.

The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP :

Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard the parties.

2. The petitioner seeks bail in connection with Chainpur P.S. Case No. 57 of 2015 instituted for the offences under Sections 420, 409 of the Indian Penal Code.

3. Earlier vide order dated 15.03.2024 passed in Cr. Misc. No. 7834 of 2023 the prayer for grant of bail to the petitioner was rejected.

4. As per prosecution case, the petitioner being the Purchasing Manager deputed at a Paddy Purchasing Center, Chainpur in 2012-13 did not supply grains costing to Rs.

Patna High Court CR. MISC. No.16308 of 2025(3) dt.16-05-2025 2/3 4,52,72,439.42/- and thereby the petitioner misappropriated the amount as alleged.

5. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 18.08.2022, i.e. for the last more than two and a half years and there is no significant progress in the trial. Learned counsel further submitted that trial is still in progress and there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.08.2022 and has only one criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. As per the report dated 07.03.2025 sent by the learned court below, the trial is is progress and there are total nine charge-sheeted witnesses, out of which two witnesses have already been examined and trial is likely to be concluded within next three months.

8. Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court and taking into account the present stage of trial, this Court is

Patna High Court CR. MISC. No.16308 of 2025(3) dt.16-05-2025 3/3 not inclined to grant bail to the petitioner.

9. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

10. Learned Trial Court is directed to expedite the trial.

11. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of five months from today. If any such application is filed before the learned court below, the learned court concerned shall consider the same on its own merit without being prejudiced by this order.

12. The District Magistrate, Kaimur (Bhabua) and the Superintendent of Police, Kaimur (Bhabua) are also directed to make sincere efforts to produce the witnesses as and when required before the learned court below for expeditious conclusion of trial.

13. Let a copy of this order be communicated to the District Magistrate, Kaimur (Bhabua) and the Superintendent of Police, Kaimur (Bhabua).

(Rudra Prakash Mishra, J) Alok Verma/- U T