Braj Nandan Singh @ Braj Nandan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24791 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Braj Nandan Singh @ Braj Nandan Prasad Singh S/o Sri Niwas Singh resident of village - Sinhaghat, P.S. Barhara, District - Bhojpur ( Arrah ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Choubey, Advocate For B.S.F.C.

: Mr. Ram Shankar Pradhan, Sr. Adv.

For the State : Mr. Ajay Kumar 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2015 Heard learned counsel for the petitioner, learned counsel for the B.S.F.C. and the State.

The petitioner being the Block Agriculture Officer, Nuaon, in-charge of paddy procurement centre is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

It is alleged that petitioner purchased 46230.40 quintals of paddy, out of which supplied 45577.20 quintals paddy to the millers, but the remaining 653.20 quintals paddy worth Rs. 9,47,785 was misappropriated as paddy was not found in the godown.

It is submitted by the learned counsel for the petitioner that vide letter no. 43 dated 08.04.2013, the

Patna High Court Cr.Misc. No.24791 of 2015 (2) dt.08-07-2015 petitioner requested the District Supply Officer, Kaimur for lifting of the paddy. Moreover, due to the theft being committed from the godown, the petitioner lodged Ramgarh (Nuaon) P.S. Case No. 37 of 2013 on 18.02.2013 and the present case has been lodged in 2015 without considering the earlier case lodged by the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. It is further submitted that the present case has recently been filed by the authorities to save their own skin.

Considering the aforesaid facts, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Ramgarh (Nuaon) P.S. Case No. 80 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T