Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27996 of 2015 Arising Out of PS.Case No. -133 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Rajesh Kumar S/o Late Ram Keshwar Prasad Resident of Village Darwa, Police Station Mohania, District Kaimur (Bhabhua). .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pancham Lal Jaiswal For the BSFC : Mr. Shailendra Kumar Singh, Advocate For the State : Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-07-2015 Heard the parties.
The petitioner apprehends his arrest in connection with Mohania P.S. case no. 133 of 2015, registered under Sections 409 and 420 of the IPC.
It is a case where the petitioner was supplied paddy for milling and delivery thereof to the Food Corporation of India at the agreed rate. The petitioner defaulted in doing so and thereby committed misappropriation of the Government fund in the sum of Rs. 1876457.14/-.
It has been submitted that diverse orders have been passed by this Court in identical/similar matters wherein after deposit of certain percentage of amount as also considering the
Patna High Court Cr.Misc. No.27996 of 2015 (2) dt.09-07-2015 2/3 fact that there is an agreement reached by and between the parties and in some cases like the present one where the PDR proceeding is pending accused persons have been privileged with anticipatory bail.
Learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd., Patna ( for short 'the Corporation') has not disputed the aforesaid contention.
Regard being had to the above, I direct that the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of five weeks from today, shall be released on provisional bail for a period of 04 months from the date of release on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. case no. 133 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
The petitioner shall also deposit 15% of the misappropriated amount depicted in the F.I.R. through demand draft/bank instrument of the said amount in favour of the Corporation and produce receipt/payment thereof along with the bail bonds. If the petitioner deposits the remaining 10% of the
Patna High Court Cr.Misc. No.27996 of 2015 (2) dt.09-07-2015 3/3 misappropriate amount within 04 months and furnish the same with a prayer for confirmation of the bail, the learned court below shall confirm the bail, with further following condition:- (i) One of the bailors shall be the own/close family member of the petitioner.
(Kishore Kumar Mandal, J) Shyam/- U T