Chandra Shekhar Kamati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55991 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -LADANIA District- MADHUBANI ======================================================

1. Chandra Shekhar Kamati, son of Late Yogendra Kamati, Resident of Village- Kariyan, P.S.- Rosera, District- Samastipur, presently posted as Incharge Block Co-operative Extension Officer, Ladania, P.S.- Ladania, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Ladania P.S. Case No. 86/2016 dated 02.08.2016 instituted for the offences under Sections 420 and 406 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he had lodged a case against the Chairpersons of four Primary Agricultural Credit Cooperative Societies, at the instance of the Collector of the district, for not having supplied the corresponding quantity of C.M.R., despite procurement of paddy. However, during the course of investigation, it came into light that sufficient quantity of procurement was not made available to the PACS and therefore, the corresponding quantity of the C.M.R. could not be given to the government. It was also found out during the course of

Patna High Court Cr.Misc. No.55991 of 2017 (3) dt.09-01-2018 2/2 investigation that the farmers were returned the quantity of the procured paddy, for which Customed Milled Rice could not be produced by the co-operatives.

However, the Superintendent of Police, while reviewing the investigation of the case, was of the view that the petitioner is also involved in the case and hence directed for his arrest. Learned counsel for the petitioner has submitted that the petitioner is in custody since 18.08.2017. It has also been submitted that he is a government servant and is on the verge of retirement.

Regard being had to the period of custody of the petitioner and the attending circumstances, this Court is inclined to grant bail to him.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Ladania P.S. Case No. 86/2016.

(Ashutosh Kumar, J.) Rakhi U T