Manoj Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28110 of 2016 Arising Out of PS.Case No. -74 Year- 2013 Thana -RASULPUR District- SARAN ====================================================== Manoj Kumar Singh. Son of Sri Ramesh Singh, resident of village - Siuri, P.S. Rusulpur, District - Saran at Chapra .... .... Petitioner

Versus

1. The State of Bihar

2. The Bihar State Food Corporation through its District Manager Saran at Chapra .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. A.P.P. Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-07-2016 Heard Sri Siddharth Harsh, learned counsel for the petitioner, learned Addl. Public Prosecutor and Sri Shailendra Kumar Singh, learned counsel, who has voluntarily appeared on behalf of Opp.Party no.2/Bihar State Food Corporation.

The petitioner, who is a rice-miller, apprehends his arrest in connection with Rusulpur P.S. Case no.74/2013 registered for the offence under Section 467, 468, 420, 406 of the Indian Penal Code and Section -7 of the Essential Commodities Act.

It was submitted by learned counsel for the petitioner that in a civil matter, colour of criminal offence has

Patna High Court Cr.Misc. No.28110 of 2016 (2) dt.25-07-2016 2/3 been given. He further submits that of course, in this case, it was alleged that about Rs.44,936,24/- has been misappropriated, however after this case was registered the petitioner has already deposited Rs.8 Lacs. He further submits that in number of other cases, in similar situation, accused persons have been extended the privilege of anticipatory bail after depositing 20 % of the misappropriate amount. On the aforesaid ground, a prayer has been made for extending the privilege of anticipatory bail.

Learned Addl. Public Prosecutor and learned counsel for the Opp.Party no.2 have opposed the prayer for anticipatory bail.

Besides hearing learned counsel for the parties, I have also perused the materials available on record, particularly the F.I.R. In the F.I.R. there is specific accusation against the petitioner, in which Bihar State Food Corporation has suffered loss of more than Rs.44 lacs. So far as the argument that in similar cases the accused persons have been extended the privilege of anticipatory bail is concerned, it may be recorded that this Court has rejected the anticipatory bail in number of cases. Moreover, learned counsel for the petitioner was not in a position to say that in the present case, any of the accused has

Patna High Court Cr.Misc. No.28110 of 2016 (2) dt.25-07-2016 3/3 been granted anticipatory bail.

The petition stands dismissed.

NKS/- (Rakesh Kumar, J) U