Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16384 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- BIKRAM District- Patna ====================================================== SAROJ KUMAR, Son of Upendra Kumar Dubey Resident of Village - Pararyawan, P.S.- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the BSFC :

Mr. Shailendra Kumar Singh, Advocate For the State :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bikram P.S. Case no. 380 of 2018, registered under Section 420 and 406 of the Indian Penal Code. The accusation is that in the year 2014-15, petitioner being the Chairman, PACS paid price of the paddy to Dhananjay Kumar Sharma illegally.

Learned counsel for the petitioner submits that, in fact, 76 quintal paddy was supplied by Dharmendra Kumar Rana at the PACS and on his request through his application dated 18.05.2015 to the effect that out of 76 quintal supplied paddy, only 20 quintal 80 Kg kept in 52 bags belonging to him and remaining paddy in 138 bags was of Dhananjay Kumar

Patna High Court CR. MISC. No.16384 of 2019(4) dt.20-06-2019 2/2 Sharma, but due to non-availability of rent receipt of Dhananjay Kumar Sharma same was also deposited by him and prayed to credit price of 20 quintal 80 Kg in his account and price of remaining 55 quintal 20 Kg in the account of Dhananjay Kumar Sharma. Accordingly, price of 55 quintal paddy was credited in the account of Dhananjay Kumar Sharma, but with ulterior motive the present case has been lodged. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-VI, Danapur in connection with Bikram P.S. Case No. 380 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T