Vishwanath Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48564 of 2014 Arising Out of PS.Case No. -19 Year- 2008 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vishwanath Thakur, S/o Shri Tapsi Thakur, Resident of Village Gaure, P.S. Pipra, District East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : M/s. N.K. Agrawal, Senior Advocate and Dhananjaya Nath Tiwari, Advocate.
For the Opposite Party/s : Mr. Narsing Tanti (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 04-03-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Pipra P.S. Case No.19 of 2008 registered under Section 409 of the Indian Penal Code and the case was, later on, found true under Sections 406, 409, 420, 471 of the Indian Penal Code besides Section 7 of the E.C. Act on investigation.
The accusation is that the petitioner being the P.D.S. Dealer was supplied 500 quintals rice for being utilized in various Public Schemes where payments had to be made in terms of food grains in the year 2006-07 but the same was not used for payment
Patna High Court Cr.Misc. No.48564 of 2014 (2) dt.04-03-2015 2/2 in terms of food grains in various Public Schemes. Learned counsel appearing on behalf of the petitioner submits that, in fact, 500 quintals rice was not supplied to the petitioner and the petitioner has falsely been implicated in this case. The petitioner is in custody since 10.09.2014. It is also submitted that regarding the alleged misuse of rice, Certificate Case No.127 of 2011-12 for Rs.6,85,000/- was initiated which was challenged by the petitioner before this Court vide C.W.J.C. No.22173 of 2011 in which on 16.04.2012 interim order 'not to take coercive step against the petitioner' was passed and C.W.J.C. No.22173 of 2011 is still pending for disposal. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Motihari, East Champaran, in connection with Pipra P.S. Case No.19 of 2008.
(Rajendra Kumar Mishra, J) P.S./- U T