Mahesh Jha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15339 of 2017 Arising Out of PS.Case No. -205 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Mahesh Jha, Son of Late Trilok Jha, Resident of Village- Jajuar, P.S.- Katra, District- Muzaffarpur.
.... .... Petitioner
Versus
1. The State of Bihar.
2. Dist Manager, State Food & Civil Supplies Corporation, Sitamarhi. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Narayan Rai For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sonbarsha P.S. Case no. 205 of 2016, registered under Sections 409, 420, 467, 468 and 471/34 of the Indian Penal Code. The accusation is that on enquiry, it was detected that while the petitioner being the Assistant Manager of Godown, Gaurav Kumar being the I.T. Manager and Gajendra Prasad Singh being the Assistant Account officer put their signatures about the food-grains supplied to the Godowns to the dealers and the dealers also put their signatures, but entry was not made in the register maintained for the same. Similarly, on 04.10.2016 the petitioner mentioned the supply of 1038.42 quintal of rice, as appears from the Truck Challan dated 04.10.2016, but the entry was made in register of 08.10.2016, which
Patna High Court Cr.Misc. No.15339 of 2017 (3) dt.06-07-2017 2/2 shows defalcation committed by the petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that only entry has been made after four days and nothing was disclosed about misappropriation of the rice bags. Moreover, similarly situated co-accused Gajendra Prasad Singh has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court on 01.05.2017 passed in Criminal Miscellaneous No. 12334 of 2017.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsha P.S. Case No. 205 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T