Bishambher Pandey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20723 of 2017 Arising Out of PS.Case No. -557 Year- 2015 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Bishambher Pandey S/o Late. Ram Balak Pandey, R/o Village- Aihee, P.S.- Rajapakar, District- Vaishali at Hajipur.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Managing Director, Bihar State Food and Civil Supply Corporation Ltd., Old Secretariat, P.S.- Sachivalaya, District- Patna.
3. The Branch Manager, Vaishali District Central Co-Operative Bank Ltd, Mahua, Vaishali at Hajipur.
4. The District Co-operative Officer, Vaishali at Hajipur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Navjot Yeshu, Adv. Mr. Aditya Abhishek, Adv.
For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta For the BSFC : Mr. Shailendra Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Mahua P.S. Case No. 557 of 2015 registered for offences under sections 409, 419 and 420 of the Indian Penal Code.
An allegation has been made that the petitioner has purchased the paddy from the farmers and the same was to be delivered to the S.F.C. but, instead of delivering the same, he has sold the paddy in the market and, thereby, consumed the
Patna High Court Cr.Misc. No.20723 of 2017 (9) dt.31-01-2018 government money.
Learned counsel for the petitioner has submitted that after purchase of the paddy, he requested the S.F.C. to receive the paddy but, they refused on the ground that it was not as per standard of Bihar State Food Corporation, has placed reliance on the letter dated 27.4.2014 issued by In-charge of Purchase Center, Raja Pakar.
Looking to the entire facts and circumstances of the case, let the petitioner, namely, Bishambher Pandey, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 557 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shivaji Pandey, J) Rishi/- U T