Vijay Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15652 of 2019 Arising Out of PS. Case No.-461 Year-2018 Thana- HILSA District- Nalanda ====================================================== VIJAY SHANKAR SINGH, aged about 40 years, Gender Male, Son of Late Laxmi Garai Resident of Village - Belwa Par, P.S. - Hilsa, District - Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shyamal Prakash, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 409/34 of the Indian Penal Code.

Petitioner is Chairman of the PACS. Allegation is of defalcation of Rs.19,65,000/- (rupees nineteen lacs and sixtyfive thousand) in respect of the paddy which was sent for milling to the miller and C.M.R. was not deposited with the Bihar State Food Corporation of India.

Submission is that the petitioner is ready to refund the alleged amount under protest.

Petitioner is agreed to deposit Rs.1,65,000/- (rupees one lac and sixty-five thousand) before filing of the bail bond and Rs.1,50,000/- (rupees one lac and fifty thousand) every

Patna High Court CR. MISC. No.15652 of 2019(2) dt.13-03-2019 2/2 month thereafter.

In that view of the matter, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees 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 Hilsa Police Station Case No. 461 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as 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. If the petitioner would fail to complete his undertaking, it would be a ground for cancellation of bail bond to the petitioner by the learned court below itself.

(Birendra Kumar, J) Kundan/Rajan U T