Sri Subhash Kumar @ Subash Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34053 of 2015 (2) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34053 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -SHEOHAR District- SHEOHAR ======================================================

1. Sri Subhash Kumar @ Subash Kumar S/o Sri Anirudh Prasad Resident of village + P.O. Kheri, P.S. Banjariya, District - East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, B.S.F.C., Sheohar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner, BSFC and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sheohar P.S. Case No. 90 of 2015 registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code.

The allegation against the petitioner is that petitioner as Rice Mill owner has misappropriated the paddy to the tune of Rs. 76,26,776/- and 98 paisa only. Learned counsel for the petitioner submits that he has also pledged his property and is facing proceeding under the PDR Act.

Learned counsel for the Corporation submits that the property pledged by the petitioner is indistinct and cannot be depended upon. However, learned counsel for the petitioner

Patna High Court Cr.Misc. No.34053 of 2015 (2) dt.07-08-2015 makes an offer that he is still ready and willing to deposit 20 per cent of the alleged defalcated amount as made in the FIR within a period of 8 months.

Considering bona fide offer made by the petitioner and not objected by the learned counsel for the BSFC, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 90 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T