Ravindra Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38619 of 2017 Arising Out of PS.Case No. -49 Year- 2015 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Ravindra Kumar Sinha son of Mahavir Prasad Verma, Resident of West Patel Nagar, J Queens Palace, Flat No.303(B), Sahdeo Path, P.S. Sastri Nagar, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard the parties.

This application is for grant of regular bail in connection with Maheshkhut P.S.Case No.49 of 2015 , registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that he was in charge of the Gogri Purchase Centre of Khagaria District and in that capacity, he has caused loss more than Rs.68 lakh to the B.S.F.C.

Submission of the learned counsel for the petitioner is that at best there is allegation against the petitioner that he has not given amounting to Rs.68,23,146/-. It is also submitted that exorbitant Rs.71,93,101/- was assessed against the petitioner, out of which he has already paid Rs.3,69,955/-. It is further submitted

Patna High Court Cr.Misc. No.38619 of 2017 (4) dt.23-08-2017 2/3 that so far this petitioner is concerned he was only incharge of the Purchase Centre and as a matter of fact he was a Block Labour Enforcement Officer and he had handed over charge of the Purchase Centre as such he may not be made solely liable for the loss to the BS.F.C. It has also been submitted that the petitioner is in custody since 17.5.2017 and the charge sheet has also been submitted in this case. Lastly, it is submitted that the petitioner is ready to pay 10 % of the total dues, if such order is made by this Court but that will be subject to result of the case. Heard learned A.P.P. and the learned counsel for the B.S.F.C. They have opposed the prayer for bail stating that the petitioner was incharge and causing loss to the B.S.F., out of which only Rs.3,69,955/- has been deposited.

Having heard both sides and in view of the fact that the petitioner is in custody for three months and further the charge-sheet has been submitted in this case, as such the petitioner be released on provisional bail for a period of three months with condition that he will deposit bank draft of 10 % of the total amount in favour of the B.S.F.C. for the present within such period and that will be subject to result of the case and if such amount is so deposited it will be released in favour of the B.S.F.C. on its application and secondly on being satisfied with the deposit

Patna High Court Cr.Misc. No.38619 of 2017 (4) dt.23-08-2017 3/3 of amount, the bail bond of the petitioner will be confirmed. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T