Sri Rajeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35375 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -DARIHAT District- SASARAM (ROHTAS) ====================================================== Sri Rajeev Kumar S/o Sri Kanhaiya Tiwary resident of village - Ganua, P.O. - Baraon, P.S. - Darihat, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Food and Civil Supplies Corporation Limited, through District Manager, Buxar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajanan Arun For the BSFC: Mr.S.K.Singh For the Opposite Party/s : Mr. Lalan Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by the learned counsel for the B.S.F.C.

The petitioner is apprehending his arrest in Darihat P.S. Case No.42/15 for the offence under Sections 409 and 420 of the I.P.C.

The learned counsel for the petitioner submits that as per the F.I.R. the petitioner is said to have defalcated an amount to the tune of Rs.66,40,063.00. It is submitted that the petitioner did not return the requisite amount of prepared rice which was received by him and, therefore, with mala fide intention he had retained the substantial amount a sum of Rs.66,40,063.00.

Patna High Court Cr.Misc. No.35375 of 2015 (2) dt.21-08-2015 2/2 Learned counsel for the petitioner submits that the petitioner is willing and ready to deposit 20% of the defalcated amount so alleged in the F.I.R. within a period of eight months from today.

It is made clear that the bank guarantee of Rs.5/- lacs will be adjusted from the 20% of the aforesaid amount which shall be deposited by the petitioner within a period of eight months from today. Learned counsel for the B.S.F.C. does not object to the offer of the petitioner.

In view of the offer made by the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within three weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Rohtas at Sasaram, in Darihat P.S.Case No.42/15 subject to the conditions as laid down under section 438 (2) Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T