Harendra Kumar Singh @ Harendra Kr. Singh @ Harendra Kumar v. The State Of Bihar Through Bihar State Food And Civil Supplies Corporation Limited, Sone Bhawan, Bi

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33370 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -NAWANGAR District- BUXAR ======================================================

1. Harendra Kumar Singh @ Harendra Kr. Singh @ Harendra Kumar Son of Shree Shiv Bilash Singh, as a post of Executive Assistant in Nawanagar Block at District Buxar, Residence of Village- Iamuaon, Police StationItadhi, District Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar Through Bihar State Food And Civil Supplies Corporation Limited, Sone Bhawan, Bir Chand Patel Marg, Dist.-patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate For the State : Dr. Indiwar Kumari, APP For the BSFCL : Mr. Mayank Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406, 409 and 420 of the I.P.C. The prosecution case, in brief, is that one Shiv Kumar Rai and the petitioner were posted for purchasing of paddy on 14.12.2013 and 51165.60 quintals paddy was purchased in 201314 and out of that quantity 49720.52 quintals paddy was given to different millers. 1445.52 quintals of paddy rests in the name of petitioner and co-accused, valued at Rs.24,00,481.40/-. In spite of sufficient opportunities for deposit the said money they have not deposited the amount due against them.

Patna High Court Cr.Misc. No.33370 of 2016 (5) dt.28-10-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.5.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner was a contractual Clerk posted at the alleged time of occurrence. The other co-accused, who was the Block Co-operative Officer, has already been granted bail vide Annexure-1 to the Supplementary Affidavit.

On behalf of the State and the learned counsel for the B.S.F.C.L, it is submitted that the petitioner is named in the F.I.R. and has actively participated in the alleged occurrence. Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released 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, Buxar in connection with Nawanagar P.S. case No.126 of 2015.

(Sudhir Singh, J) Narendra/- U T