Patna High CourtCR. MISC./42030/2015disposed

Birendra Kumar @ Birendra Kumar Singh v. State Of Bihar And ANR

2015-10-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42030 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -HULASGANJ District- JEHANABAD ====================================================== Birendra Kumar @ Birendra Kumar Singh .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.

It is alleged that the petitioner being the Block Agricultural Officer, Hulasganj purchased 7271.50 quintal wheat but he made available only 6953.80 quintals of wheat for auction and rest 263.70 quintals wheat amounting `3,76,047/- have been misappropriated.

It is submitted by learned counsel for the petitioner that though, the petitioner was transferred on 28.06.2013 and the present case has been lodged in the year 2015 but the petitioner has deposited aforesaid amount through demand draft no. 040036 dated 26.05.2015. A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.42030 of 2015 (2) dt.14-10-2015 2/2 petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Jehanabad in connection with Hulasganj P.S. Case No. 29 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by learned court below on verification of the fact that the petitioner has deposited the alleged amount.

(Dinesh Kumar Singh, J) Amrendra/- U T