Sunil Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59687 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- SIKTI District- Araria ====================================================== Sunil Kumar Mandal S/o Nand Lal Mandal, R/o Vill.- Lat Kharid Ward No. 14, P.S.- Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sikty P. S. Case No. 99 of 2018 instituted for the offence under Section(s) 406, 409 and 420/34 of the Indian Penal Code.

It is alleged in the written report that 403 quintals of paddy was purchased from the eight farmers by the PACS Chairman, namely, Upendra Kumar, and the same was kept in the PACS godown. The BDO made physical verification of the godown and found the paddy missing. In this regard, notice was issued to the family of PACS chairman and this petitioner, who was the PACS Secretary, but, they refused to receive the notice. It is further alleged that during enquiry it was found that

Patna High Court Cr.Misc. No.59687 of 2018(3) dt.31-10-2018 2/2 this petitioner being the Secretary of the PACS in collusion with the then PACS Chairman and his family members as well as Dilip Mandal has misappropriated the huge quantity of government paddy.

Learned counsel for the petitioner has submitted that informant in his re-statement before the police in para 3 of the case diary has stated that paddy has been removed by the PACS Manager. Petitioner being the Secretary of the PACS has no concern with the paddy.

Petitioner is in custody since 3.7.2018.

Considering the aforesaid, let the petitioner, above named, be released 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 J.M. 1st class Araria, in connection with Sikty P. S. Case No. 99 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T