Vinay Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69935 of 2018 Arising Out of PS. Case No.-64 Year-2018 Thana- TANDWA District- Aurangabad ====================================================== 1.

Vinay Singh, S/o Uddeshwar Singh, resident of Panch-Pokhri, P.S.- Tandwa, District- Aurangabad.

2.

Umesh Singh, S/o Chandradeep Singh, resident of Village- Panch- Pokhri, P.S.- Tandwa, District- Aurangabad.

3.

Kapildeo Singh, S/o Kameshwar Singh, Resident of Village- KhajuriPandu, P.S. - Tandwa, District- Aurangabad. 4.

Jitendra Kumar Singh @ Jitendra Singh, S/o Kapildeo Singh, resident of Village- Khajuri-Pandu, P.S.- Tandwa, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Singh, Sr. Advocate.

Mr.Bhaskar Shankar, Advocate.

For the Opposite Party/s :

Mr.Sri Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Tandwa P.S. Case No. 64 of 2018, registered under Sections 406, 409 and 420/34 of the Indian Penal Code. The accusation is that Vinay Singh (petitioner no.1) and Umesh Singh (petitioner no.2) being the Chairman and Manager of Mungi PACS purchased 1115 quintal paddy for supply of 747.05 quintal rice to State Food Corporation, Aurangabad, but only 540 quintal rice was supplied and

Patna High Court CR. MISC. No.69935 of 2018(7) dt.21-05-2019 2/3 remaining 207.05 quintal rice worth of Rs.4,78,996.36 was misappropriated. Similarly, Kapildeo Singh (petitioner no.3) and Jitendra Kumar Singh @ Jitendra Singh (petitioner no.4) being the Chairman and Manager of Khajuri PACS purchased 2441 quintal paddy for supply of 1635.47 quintal rice to State Food Corporation, Aurangabad, but after milling, they supplied only 1080 quintal and remaining 555.47 quintal worth of Rs.12.85.042.53/- was misappropriated.

Learned counsel for the petitioners submits that in compliance of order dated 21.12.2018, petitioners have deposited entire due in the District Central Co-operative Bank Ltd., Aurangabad, regarding which, "No Objection Certificate" have been by the Branch Manager, Navinagar Branch, which would appear from annexure 3 series of the supplementary affidavit.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) their with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Aurangabad, in connection with Tandwa P.S. Case No. 64 of

Patna High Court CR. MISC. No.69935 of 2018(7) dt.21-05-2019 3/3 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T