Amarnath Bharti v. The State Of Bihar

Patna High Court Cr.Misc. No.5921 of 2017 (2) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5921 of 2017 Arising Out of PS.Case No. -729 Year- 2016 Thana -BANKA District- BANKA ====================================================== Amarnath Bharti Son of Hareram Manshi Resident of Village - Balarpur, P.S. - Banka, District - Banka.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioner which has been taken on record.

Petitioner apprehends his arrest in connection with Banka P.S. Case No. 729 of 2016 registered for the offences punishable under Sections 420, 409, 467, 468, 471 of the Indian Penal Code.

Allegedly, the petitioner being PACS Chairman of Lakhnandi purchased 338.780 MT paddy and he was to supply 226.982 MT rice to Bihar State Food Corporation, Banka till 30.07.2016 but he supplied only 112.450 MT rice and did not supply the rest 114.532 MT rice.

Submission is of false implication and that the petitioner has already deposited the entire amount in the cash credit account

Patna High Court Cr.Misc. No.5921 of 2017 (2) dt.21-02-2017 of Lakhnandi PACS with the Bhagalpur Central Cooperative Bank Ltd. and a letter has been issued by the Branch Manager of the aforesaid Bank and now there is no dues vide annexure-3 and as such the petitioner deserves sympathetic consideration. Learned APP submits that now the petitioner has already deposited the value of 114.532 MT Rice.

In the facts and circumstances stated above, the petitioner above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Banka in connection with Banka P.S. Case No. 729 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T