Virendra Kumar @ Virendra Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17170 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -SIMRI District- BUXAR ======================================================

1. Virendra Kumar @ Virendra Kumar Singh Son of late Chandradeo Singh Resident of Village- Bhawraha, PS Nokha, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Food & Civil Supplies Corporation through its District Manager, Buxar.

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

For the Petitioner/s : Mr. Bindhyachal Singh, Adv. For the BSFC : Mr. Aditya Prakash Sahay, Adv. For the Opposite Party/s : Mr. Navin Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard Mr. Bindhyachal Singh learned counsel for the petitioner learned counsel for the B.S.F.C. and learned A.P.P. The petitioner apprehends his arrest in Simri P.S. Case No. 229/2015, registered for the offences punishable under Section 409 and 420 of the Indian Penal Code. The petitioner was Incharge of Wheat Purchase Centre Simri District - Buxar and he purchased 8679.50 quintals of wheat in the year 2012-13. He supplied 7088 quintals of wheat and 1591.50 quintals of wheat remained with the petitioner. It is submitted that 796 quintals of wheat was found in the godown which was auctioned vide annexure 12 at page 90 of

Patna High Court Cr.Misc. No.17170 of 2016 (4) dt.19-07-2016 2/3 the bail petition and B.S.F.C. got Rs. 7,99,980/- from that auction. It is further submitted that since B.S.F.C. did not lift remaining wheat of 1591quintals, therefore, quality of wheat deteriorated on account of moisture and only 796 quintals remained in the godown. Petitioner did not misappropriate any amount of wheat. He also spent Rs. 22,000/- on pesticides for keeping the wheat in good condition.

On the other hand, learned counsel for the B.S.F.C. has submitted that 1591 quintals of wheat was misappropriated. It appears that petitioner purchased 8679 quintals of wheat out which the petitioner supplied 7088 quintals of wheat. The remaining wheat remained in the godown of the petitioner and the same was not lifted, when the godown was inspected 796 quintals of wheat was auctioned and Rs. 8,00,000/- was procured from the auction of 796 quintals of wheat.

Petitioner is ready to deposit Rs. 4,00,000/- within two months subject to the condition of rendition of amounts of wheat and deduction on account of moisture by the department concerned.

Considering the facts aforesaid and if the petitioner deposits Rs. 4,00,000/- within two months, the petitioner abovenamed, in the event of his arrest or surrender before the court

Patna High Court Cr.Misc. No.17170 of 2016 (4) dt.19-07-2016 3/3 below within a period of ten weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate - IV, Buxar in connection with Simri P.S. Case No. 229/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T