Prahlad Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58005 of 2018 Arising Out of PS. Case No.-152 Year-2018 Thana- THAWE District- Gopalganj ====================================================== 1.

Prahlad Singh, S/o Raj Bali Singh 2.

Kumar Satya Prakash, S/o Triloki Singh, Both are resident of Village - Dhatigana, P.S. Thawe, District Gopalganj.

... ... Petitioners

Versus

1.

State Of Bihar 2.

The District Manager, State Food Corporation (SFC), Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP For the BSFC : Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 Petitioners seek bail in anticipation of their arrest in connection with Thawa P.S. Case No. 152 of 2018, registered for the offences punishable under Sections 409/34 of the Indian Penal Code.

Allegation against the petitioners, who happen to be Chairman and Manager of the PACS, is that for the year 201718 they had purchased 703 quintals of paddy and that was sold in the open market and thus caused loss to the tune of Rs.10,89,650/-.

Submission of learned counsel for the petitioners is that Rs.3.4 lacs was already deposited and in support of the same receipt (Annexure-2) has been filed and the major portion

Patna High Court CR. MISC. No.58005 of 2018(5) dt.08-04-2019 2/2 of rest of the amount has already been deposited as per direction of this Court vide order dated 3.12.2018. However, receipt to that effect has not been filed.

Heard learned APP and learned counsel for the B.S.F.C.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioners to surrender within a period of six weeks and produce the receipt showing the deposit of rest of the amount and once the court below is satisfied that entire payment has been made, the court below will release the petitioners on bail to its own satisfaction, otherwise the court below is free to pass any order(s) as it may deem fit and proper.

(Vinod Kumar Sinha, J) spal/- U T