Dilip Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74452 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- SIKTI District- Araria ====================================================== Dilip Mandal, Son of Nageshwar Mandal, Resident of Village- Latkharid Bhirbhiri, PS Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Yadav For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sikti P.S. Case No. 99 of 2018 instituted for the offence under Section(s) 406/409/420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is not even office bearer in the aforesaid PACS. In the written report, it is alleged that B.D.O. made physical verification of the godown on 31.3.2018 and paddy was found intact. The President of the PACS was killed on 5.4.2018. Thereafter, on inspection the paddy was found

Patna High Court Cr.Misc. No.74452 of 2018(2) dt.13-12-2018 2/3 missing. It is alleged that notice was sent to the family members of the deceased President . But, they have refused to accept the notice.

It is further alleged that receipt of paddy is the responsibility of President/Secretary of PACS. The Secretary Sunil Kumar Mandal along with their family members and one Dilip Mandal (petitioner) had misappropriated the stock of paddy.

Learned counsel for petitioner submits that petitioner is no where concern with the aforesaid paddy. Petitioner is not the office bearer of aforesaid PACS. The Secretary of the PACS, namely, Sunil Kumar Mandal, has already been granted regular bail by this Hon'ble Court vide order dated 31.10.2018 passed in Cr. Misc. no.59687 of 2018. The name of this petitioner has been disclosed by Sunil Kumar Mandal in his confessional statement.

Petitioner is in custody since 4.8.2018.

Considering the aforesaid, let the petitioner, above named, be released 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 learned Chief Judicial Magistrate, Araria in connection with Sikti P. S. Case No. 99 of 2018,

Patna High Court Cr.Misc. No.74452 of 2018(2) dt.13-12-2018 3/3 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T