Ram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55703 of 2016 Arising Out of PS.Case No. -148 Year- 2016 Thana -PALIGANJ District- PATNA ====================================================== Ram Kumar, Son of Raghunath Singh, R/o Village- Bherahariya, P.S. Paliganj, District- Patna.

.... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 13-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Paliganj P.S. Case No.148 of 2016 registered under Sections 420 and 409 of the Indian Penal Code.

The accusation is that the petitioner being the proprietor of Deo Traders, Mahabalipur, received 23 quintals Moong and 25 quintals Dhaicha to distribute amongst the agriculturists but the petitioner did not distribute the same amongst the agriculturists and misappropriated the same.

Learned counsel appearing on behalf of the petitioner submits that, admittedly, the petitioner received 23 quintals

Patna High Court Cr.Misc. No.55703 of 2016 (2) dt.13-01-2017 2/3 Moong and 25 quintals Dhaicha to distribute amongst the agriculturists but no further direction was issued to the petitioner for its distribution. Moreover, while vide letter no.58 dated 28.05.2016 issued from the office of the Block Agriculture Officer, Paliganj, the petitioner was informed to deposit Rs.2,72,550/-, the price of 23 quintals Moong, and Rs.93,750/-, the price of 25 quintals Dhaicha, total Rs.3,66,300/- but in spite of that, the petitioner is ready to deposit the said amount within four months.

Having considered the facts and the circumstances of the case and submission made on behalf of the petitioner, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on provisional anticipatory bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Paliganj, District-Patna, in connection with Paliganj P.S. Case No.148 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that the petitioner will deposit the aforesaid amount of Rs.3,66,300/- within four months from today in the concerned department and if he does so, the provisional

Patna High Court Cr.Misc. No.55703 of 2016 (2) dt.13-01-2017 3/3 anticipatory bail granted to the petitioner shall automatically be confirmed by the trial court and if he fails to do so, the trial court would be at liberty to cancel the provisional anticipatory bail granted to the petitioner.

Accordingly, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T