Pachus Pandit @ Pratush Pandit v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.38180 of 2015 (5) dt.08-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38180 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Pachus Pandit @ Pratush Pandit, son of Late Dukhan Pandit, resident of village- Arkuri, Police Station- Paliganj, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar

2. The Bihar State Food & Civil Supplies Corporation Limited, Samastipur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-12-2015 Heard both sides.

The petitioner apprehends his arrest in Bithan P.S. Case No. 33 of 2015, registered for the offences punishable under Sections 420, 406, 409 of the Indian Penal Code. The petitioner, Block Labour Enforcement Officer was made Incharge of Purchase Centre, Bithan, districtSamastipur for the year 2012-2013. The petitioner purchased 3024.50 quintal of wheat, but supplied only 2692.32 quintal of wheat to the godown of BSFC. The petitioner misappropriated 332.18 quintal of wheat, the cost of which comes to Rs. 4,73,701.97.

Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount within three

Patna High Court Cr.Misc. No.38180 of 2015 (5) dt.08-12-2015 months.

Learned counsel for the BSFC did not object the prayer for bail if the money is returned within three months in the account of BSFC.

Considering the facts aforesaid, 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, is directed to 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 Chief Judicial Magistrate, Samastipur in connection with Bithan P.S. Case No. 33/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. If the petitioner fails to deposit the entire amount i.e. Rs. 4,73,701.97 within three months from today in the account of BSFC, learned court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi U T