Kunjesh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13058 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Kunjesh, Son of Devesh Thakur, Resident of Village-Kharahara, Police Station-Barahat, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Balram Kapri For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 The petitioner is apprehending his arrest in connection with Banka (Barahat) P.S. Case No. 210 of 2017, registered for offences punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.

Allegation against the petitioner is of defalcation of paddy of 8176.76 qunitals for the year 2012-13 and auction was made on 22.12.2015.

It has been submitted on behalf of the petitioner that petitioner has been removed from the service in the light of direction of Hon'ble Supreme Court on 16.5.2013, which will appear from annexure -2 of this petition and as such he cannot be held responsible for any misappropriate took place after 16.05.2013.

Heard learned A.P.P. as well as learned counsel appearing on behalf of Food & Civil Supply Corporation. Having heard both sides, considering in view of the

Patna High Court Cr.Misc. No.13058 of 2018 (2) dt.04-04-2018 2/2 above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka, in connection with Banka (Barahat) P.S. Case No. 210 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T