Asheshwar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33966 of 2016 Arising Out of PS.Case No. -93 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Asheshwar Singh, S/o Late Asharfi Singh, Prop M/s Santosh Mini Rice Mill Industrial Area, Raxaul, R/o Chawal Bazar, P.S.- Raxaul, P.O.- Raxaul, District- East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, State Food Corporation, Motihari, District East Champaran .... .... Opposite Parties ====================================================== Appearance:

For the Petitioner : Mr. Krishna Mohan Mishra, Advocate For the BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Bihar State Food Corporation. The petitioner is apprehending his arrest in connection with Raxaul P.S. Case No. 93 of 2016 registered for the offences punishable under Sections 409, 420 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the State Food Corporation has alleged a defalcation of amount of Rs.68,85,036.68/- being quantified amount of 3361.7340 quintals of rice. He further submits that whatever be the allegations, the petitioner is willing to co-operate in the investigation and he is also willing to deposit 20% of the alleged defalcated amount as aforementioned. He further submits that he shall deposit the said amount within a period of four months from today. In view of

Patna High Court Cr.Misc. No.33966 of 2016 (3) dt.20-10-2016 2/2 such bonafide offer made by the petitioner, he prays that he may be extended the benefit of pre arrest bail.

Learned counsel appearing on behalf of the State Food Corporation however seriously contends that the petitioner does not deserve the said benefit, as he has also filed such certificate proceeding against him and the State is being occasioned serious financial loss.

However, considering the bonafide offer made by the petitioner, if the petitioner deposits 20% of the alleged defalcated amount, within a period of four months from today, in event of such deposit being made, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four 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 learned Sub-Divisional Judicial Magistrate, Motihari, East Champaran in connection with Raxaul P.S. Case No. 93 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T