Ashok Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57479 of 2015 Arising Out of PS.Case No. -1182 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Ashok Kumar Singh son of Sri Nathuni Singh, Resident of village- Bada, P.S.- Sasaram (M), District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food and Civil Supply Corporation, Rohtas at Sasaram .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Singh For the Opposite Party/s : Mr. Smt.Asha Devi (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-01-2016 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the BSFC.

The petitioner is apprehending his arrest in connection with Sasaram(M), P.S. Case No. 1182 of 2015, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Learned Counsel for the petitioner submits that the allegation of defalcation of an amount of Rs. 4,67,713.23 has been made against him, which has necessitated the prosecution against him. He further submits that he is willing and ready to pay 20% of the aforementioned amount which shall be subject to the calculation made by BSFC. His further contention is that he has

Patna High Court Cr.Misc. No.57479 of 2015 (2) dt.04-01-2016 2/2 already paid the amount which was due from him but since he is willing to deposit the aforementioned amount subject to further verification.

Considering the aforementioned payment which has already been made by the petitioner and also in view of the similar orders passed by this Court in the case of similarly situated persons, let the petitioner above named, in the event of his 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 bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Mufassil) P.S. Case No. 1182 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that this impugned order is being passed only subject to the petitioner depositing the 20% of the amount referred to above.

(Anjana Mishra, J) sunil/- U T