Awadh Kishore Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38205 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Awadh Kishore Ram Son of late Ram Prit Ram. resident of VillageSanauil P.O. Sonauli, P.S. Mashrakh District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner was Block Agriculture Officer, In-charge of Purchase Centre, Bhagwanpur and the accusation against him is that in the above stated capacity, he purchased 6689.80 quintals paddy from different PACS/farmers and delivered 5202.58 quintals paddy to rice mills but he sold 1487.22 quintals paddy in black market causing loss to the government to the tune of Rs. 25,51,177.19/- Learned counsel for the petitioner points out that as a matter of fact, there was shortage of space in the godown and that was the reason some paddy had been kept in the godown of PACS

Patna High Court Cr.Misc. No.38205 of 2015 (2) dt.09-09-2015 2/2 which is evident from perusal of Annexure-3 to the petition. Annexure-3 shows that one of the Chairman of PACS gave written letter to petitioner that 2341.40 quintals paddy had been purchased from his PACS but only 568 quintals paddy was unloaded at the godown of Bhagwanpur Purchase Centre and the remaining paddy was kept in the godown of PACS. It is further pointed out by him that when this fact came to light that there was shortage of paddy in the godown of Purchase Centre, Bhagwanpur, information regarding the aforesaid shortage was given to the petitioner but in the meantime, petitioner was transferred to another place and when he came to clarify the matter, he was got arrested by the police.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 69 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T