Ram Soheshwar Ray v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31099 of 2017 Arising Out of PS.Case No. -108 Year- 2015 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ram Soheshwar Ray, S/o Ramdeo Ray, R/o Village-Kaila, P.S.-Sare, District-Nalanda.

.... .... Petitioner/s

Versus

1. State of Bihar.

2. The Bihar State Food Corporation through its District Manager, Nalanda.

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

For the Petitioner/s : Mr. Bishnu Kant Dubey, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Islampur P.S. Case No. 108 of 2015 registered under Sections 409, 420 and 34 of the Indian Penal Code.

As per the prosecution case, Ram Vilas Ram who happens to be the Block Welfare Officer-cum-incharge of the Islampur Purchase Centre, District Nalanda purchased 104844.30 quintal paddy for the financial year 2012-13 and only 97382 quintal paddy was sent to rice mill and remaining 7462.30 quintal paddy worth of Rs. 97,33,824/- was defalcated. The petitioner is said to be the executive assistant of the said centre who was

Patna High Court Cr.Misc. No.31099 of 2017 (2) dt.07-07-2017 2/2 responsible for security and quality of the paddy crops. It is submitted by learned counsel for the petitioner that the petitioner happens to be the paid employee of the said centre and his duty was only to maintain records and to follow the instructions of the incharge of the purchase centre. He has no concern with the aforesaid offence and he has not defalcated any paddy. Vide letter dated 16.09.2013, District Manager, State Food Corporation, Nalanda directed to take action against the purchase incharge of the said centre for defalcation of the paddy crops. The petitioner is languishing in custody 19.05.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No. 108 of 2015.

(Prakash Chandra Jaiswal, J) Mishra/- U T