Sacheen Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31692 of 2015 Arising Out of PS.Case No. -165 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Sacheen Kumar S/o Sri Ram Saran Singh R/o Village Nutan Market, Maula Gang, P.S. Laheriasarai, District Darbhanga partner M/s Ganesh Food Proceeding, office at Industrial Area, Donar, District Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supplies Corporation Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra For the Opposite Party/s : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation. The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that allegation has been made against the petitioner that he has made defalcation to the tune of Rs. 2,96,65,183.53/- He however, submits that the petitioner has already deposited Rs. 5,50,000/- pursuant to an order dated 09.05.2014 passed by this Court in C.W.J.C. No. 8652 of 2014. He further submits that the petitioner is willing to deposit 20 % of the amount as alleged in the First Information Report but

Patna High Court Cr.Misc. No.31692 of 2015 (2) dt.13-08-2015 P2/2 the amount already deposited by him i.e. Rs. 5,50,000/- may be deducted from the amount as calculated 20% of the amount. Considering the bonafide offer made by the petitioner and also agreed upon by learned counsel for the Bihar State Food and Civil Supplies Corporation, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai P.S. Case No. 165/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T