Ajit Kumar @ Manager Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43840 of 2023 Arising Out of PS. Case No.-9 Year-2020 Thana- GOH District- Aurangabad ====================================================== AJIT KUMAR @ MANAGER AJIT KUMAR Son of Gupteshwar Singh Resident of village and Post Office - Akauna, P.s. - Goh, Distt. -Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Karna For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 409/34 of the Indian Penal Code pending in the learned court below.

3. Prosecution case is that petitioner being the Manager of Bhurkunda PACS purchased the 1612 quintals paddy from farmers and as per proportionate system, he had to deposit the equivalent CMR of 1080 quintals before the SFC, Aurangabad.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner have got one criminal antecedent, as stated in para-3 of the bail application. He further submits that Chairman of PACS has already deposited

Patna High Court CR. MISC. No.43840 of 2023(2) dt.22-08-2023 2/2 the defalcated amount of Rs. 23 lakhs in the District Cooperative Bank, Aurangabad.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and statement made in para 23 of the bail application that the said amount has already been deposited by the Chairman of PACS, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Goh P.S. Case No. 09 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) sanjeev/- U T