Md. Sami Khan @ Md. Subhani Khan @ Subhani v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55771 of 2016 (3) dt.31-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55771 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -DUMRA District- SITAMARHI ====================================================== Md. Sami Khan @ Md. Subhani Khan @ Subhani, S/o Md. Jilani Khan, R/o Village & PS.- Sursand, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Manager, the Bihar State Food and Civil Supplies Corporation Limited, District- Sitarmarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Narayan Lal, Advocate. Mr. Jeetendra Narayan, Advocate.

Mr. Amit Narayan, Advocate.

For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dumra P.S. Case No. 50 of 2016 registered under Sections 406, 409, 420 and 427 of the Indian Penal Code.

The accusation is that Rambali Mahto, Block Agricultural Officer, was deputed as in-charge of Paddy Purchase Centre, Bathnaha, for purchasing of paddy for financial year 201314. Accordingly, 3282.40 quintals paddy was purchased but only 3112.85 quintals paddy was supplied to the millers and remaining 169.55 quintals paddy worth cash of Rs. 273721.52/- was

Patna High Court Cr.Misc. No.55771 of 2016 (3) dt.31-01-2017 misappropriated and the said amount has not been deposited to the Bihar State Food Corporation, Sitamarhi.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The petitioner was appointed for 11 months on contract basis as Executive Assistant at Bathnaha Purchase Centre and his duty was to prepare the report through computer and sent the same in the concerned office except that there is no role to purchase the paddy and supply the same to the rice millers. Further submission is that petitioner has no criminal antecedent.

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 six 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 Dumra P.S. Case No. 50 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T