Raman Kumar Raw v. The State Of Bihar

Patna High Court Cr.Misc. No.241 of 2017 (4) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.241 of 2017 Arising Out of PS.Case No. -288 Year- 2016 Thana -RAJAUN District- BANKA ======================================================

1. Raman Kumar Raw Son of Jagdish Prasad Raw Resident of VillageManjhgain, P.S. Rajoun, District-Banka .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rajoun Police Station Case No. 288 of 2016, disclosing offences under Sections 409 and 420 of the Indian Penal Code. Prosecution case, in brief, is that PACS President of Manjhagain Darpa, Sri Raman Kumar Raw, petitioner has purchased 505.700 Mt. Rice paddy for the financial year, 201516 but only 338.819 Mt. rice was supplied by the petitioner to the B.S.F.C, Banka. It is further alleged that the petitioner has defalcated the Government fund by not supplying 191.819 Mt. C.M.R.

Learned counsel for the petitioner has submitted that the petitioner is ready to supply the balance processed rice and

Patna High Court Cr.Misc. No.241 of 2017 (4) dt.21-02-2017 undertakes to deposit the alleged due amount for the alleged 191.819 Mt. C.M.R. within a period of 10 months in equal installments to the B.S.F.C.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on provisional anticipatory bail for the period of 10 months, in the event of his arrest or surrender before the Court below within 12 weeks 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, Banka, in connection with Rajoun Police Station Case No. 288 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

The provisional bail of the petitioner will be confirmed by the learned court below on submission of receipt of payment of alleged due amount within a period of 11 months. (Arvind Srivastava, J) brajesh/- U T