Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30872 of 2014 Arising Out of PS.Case No. -194 Year- 2013 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Chandan Kumar Singh, Son of Keshwar Singh, Resident of villageSheopur, P.O.- Dhawpokhar, P.S.- Belaon, District- Kaimur at Bhabua. At Present agriculture coordinator in Bhabua Block, P.S.- Bhabua, DistrictKaimur at Bhabua .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey, Adv. For the Opposite Party/s : Mr. Surendra Pd. Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Kudra P.S. Case No. 194 of 2013 registered for the offences punishable under Sections 406, 409, 420 and 120-B of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, Jagdish Singh being In-charge purchased total 51167.24 quintals of wheat by making payment to the farmers and PACS. Out of that 15653.32 quintals wheat were deposited in the godown of F.C.I. at Mohania and Kudra and remaining stock left in the godown but during inspection the said quantity of wheat was not found in the godown and it is alleged

Patna High Court Cr.Misc. No.30872 of 2014 (2) dt.28-01-2015 that the In-charge of Purchase Centre, Jagdish Singh, the petitioner being S.M.S., Kudra and Agricultural Advisor, Rajesh Kumar Singh misappropriated huge amount of the government money by selling the wheat, which was stored in the godown weighing 19038.92 quintals.

Submission is that the petitioner was not concerned with purchase of wheat and its storage. He was simply Subject Matter Specialist and was appointed on contract basis. At the relevant time, he was not posted there and as such, he deserves sympathetic consideration, to which the learned A.P.P. opposes. Considering the nature of offence and the involvement of the petitioner in misappropriation of huge quantity of wheat, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner and, accordingly, such prayer stands rejected. (Jitendra Mohan Sharma, J.) Vats/- U T