Rama Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17795 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- PALASI District- Araria ====================================================== RAMA NAND YADAV Son of Bokai Yadav @ Bokai Mandal Resident of Village - Kankhudiya, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kahsyap Kaushal, Advocate Mr.Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-12-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Palasi P.S. Case no. 269 of 2019 registered under sections 420 and 409 of the Indian Penal Code.

As per allegation in the FIR, the petitioner in his capacity as Chairman of the PACS purchased paddy but failed to deposit the amount totalling Rs. 15,11,626/- for 540.04 quintal.

It is submitted by learned counsel for the petitioner that the petitioner has deposited the total some of Rs 15,11,626/- on different dates with the Purnea District Central Cooperative Bank , Purnea vide different receipts which have been brought on record from pages 19 to 26 of the petition and it is further submitted that the concerned Cooperative Bank has issued a no dues certificate dated 4.12.2019 to the petitioner which is at page 18 to the petition. The petitioner has no criminal

Patna High Court CR. MISC. No.17795 of 2020(4) dt.14-12-2020 2/2 antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the deposit of the total amount stated in the FIR and grant of no dues certificate by the Bank on 4.12.2019 which is at page 18 to the petition, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Palasi P.S. Case no. 269 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U