Krishna Kant Singh @ Krisha Kant Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41535 of 2016 Arising Out of PS.Case No. -104 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Krishna Kant Singh @ Krisha Kant Singh, PACS Chairman Goin, Son of Late Dinanath Singh

2. Parasnath Singh, Son of Late Harihar Singh, PACS Secretary Goin Both are Resident of Village- Sihariyan, P.S.- Chand, District- Kaimur (Bhabua). .... .... Petitioners

Versus

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

For the Petitioners : Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party : Mr. Jai Narain Thakur(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Chand P.S. Case No. 104 of 2016 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioners submits that though the allegation has been made against the petitioners that they had indulged in irregular practices in the sale and purchase of paddy from the farmers, the contention of the petitioners is that though they have purchased paddy from the farmers, the price of which was required to be paid to them, was not made in time by the bank. As such the farmers became restless and started agitating for their money. Despite several reminders to the bank, the money

Patna High Court Cr.Misc. No.41535 of 2016 (2) dt.18-10-2016 2/2 in question was not available to the farmers in their respective bank accounts. As such the petitioners convened a meeting dated 25.06.2016 in which it was unanimously resolved that those farmers who had been protesting should be returned their paddy as the money was not paid till that day. Accordingly the chairman of the bank was authorized to return back the paddy which was duly returned to them. The said facts stands testified by Annexure-2 that the paddy was in fact returned to the respective farmers.

Considering the facts that the petitioners have acted bonafide in the interest of the farmers, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua (Kaimur) in connection with Chand P.S. Case No. 104 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) ravi/- U T