Patna High CourtCR. MISC./42700/2016allowed

Subhash Kumar And ANR v. State Of Bihar And ANR

2017-02-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42700 of 2016 ======================================================

1. Subhash Kumar S/o Phucho Mehta @ Focho Mehta resident of Village - Shyam, P.S. - Gwalpara, District - Madhepura.

2. Manoj Kumar S/o Harinandan Mehta resident of Village - Shyam, P.S. - Gwalpara, District - Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food Corporation, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Gwalpara P.S. Case No. 60 of 2016 registered under Sections409, 420, 120B of the Indian Penal Code. Petitioners are alleged to have purchased 2537 quintals of paddy from the farmers and they had to supply 1700 qunitals of rice to SFC, which was not supplied in full. This PACS supplied only 701 quintal rice equivalent to 1491 quintal. Paddy worth Rs. 21, 02, 366 was not supplied to the SFC and the same has been misappropriated by the petitioners. Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.42700 of 2016 (4) dt.08-02-2017 2/2 petitioners have already deposited the amount in question and in this regard no objection certificate has been issued by the Branch Manager, Bihar State Co-operative Bank Lrd, Bihat Branch, Begusarai stating there is no due against the petitioners and he is free from defaulter list, as would be evident from Annexure-4 to the supplementary affidavit.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Gwalpara P.S. Case No. 60 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T