Vikas Kumar Singh @ Vikash Kumar Singh And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42553 of 2015 Arising Out of PS.Case No. -106 Year- 2015 Thana -CHAPRA TOWN District- SARAN ======================================================
1. Vikas Kumar Singh @ Vikash Kumar Singh
2. Sanjeev Kr. Singh Both are S/o Late Surendra Singh Resident of Village Gavandri, P.S. Taraiya, District Saran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh For the State : Mr. Panchanand Pandit, A.P.P. For the State Coperative Bank Ltd. : Mr. K.K. Sinha, Advocate : ̈ Mr. shashi Shekhar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2016 Heard learned counsel for the petitioners, learned counsel for Opposite Party Nos. 2 and 3, Bihar State Cooperative Bank Ltd. and Bihar State Food and Civil Supply Corporation, Saran at Chapra and learned A.P.P. for the State. The petitioners apprehend their arrest in connection with Chapra Town P.S.Case No. 106/2015 registered for offence punishable under Sections 409 and 420 of the I.P.C. The prosecution case is that the petitioners being PACS Chairman and Manager of BSFC respectively, entered into an agreement with Bihar State Co-operative Bank that they will purchase paddy from farmers for which they had to be given money through cheques to said farmers and these petitioners
received cheques and paid the same to the farmers but they did not deposit the paddy collected from them to BSFC causing embezzlement of Rs. 3, 04, 960/-.
It has been submitted by the learned counsel for the petitioners that in pursuance to the earlier order dated 28.01.2016, the petitioner have deposited 10 % of the outstanding dues amount to the Opposite Party, Bihar State Cooperative Bank, Chapra Branch, who has produced the copy of the statement of account showing outstanding balance after deposit of 10 % to be Rs.2,70,084/- outstanding, and the petitioners undertake to deposit the entire amount within a period of six months. Both the petitioners are required to deposit half and half of outstanding amount of Rs. 2, 70,084/- in equal monthly installments within six months.
So far as interest accrued and charged during the intervening period may be negotiated by the petitioners with the Opposite Party No. 2.
On such undertaking, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of eight weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned
Chief Judicial Magistrate, Saran, Chpara in connection with Chapra Town P.S.Case No. 106/2015. subject to the conditions as laid down under Section 438(2) of the Cr. P. C. (Nilu Agrawal, J) Sudha/- U T