Satish Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40493 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== Satish Kumar Sinha Son of Late Harinandan Prasad, Resident of Diwan Mohalla, Pato Ki Bag, Patna City, Patna, Post - Patna City, P.S. - Kahjekala, District - Patna.

.... .... Petitioner

Versus

1. The State of Bihar.

2. District Manager, Bihar State Food Corporation Ltd., Banka .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Jai Ram Singh, Advocate.

For the Opposite Parties : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The petitioner being Cooperative Extension Officer at purchasing center Amarpur along with Kumar Sadashiv Agricultural Coordinator purchased 103612.72 quintals of paddy, but supplied only 103154.96 quintals of paddy to the different millers. The petitioner and Kumar Sadashiv are alleged to have misappropriated 457.76 quintals of paddy thereby caused loss of Rs. 5,62,601.00 with 18 percent interest thereon. Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.40493 of 2015 (2) dt.06-10-2015 2/2 petitioner is ready to deposit half of the amount with interest thereon within four months from the date of this order. The petitioner did not defalcate any amount there was shortage of paddy on account of dryness.

Considering the facts aforesaid and the fact that the petitioner is ready to deposit half of the amount Rs. 5,62,601.00 with interest thereon within four months from the date of this order, 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, is directed to be enlarged 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 learned Chief Judicial Magistrate, Banka in Amarpur P.S. Case No. 141 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. further subject to the condition that if the petitioner fails to deposit the principal amount with interest thereon within four months the learned court below shall cancel the bail bond of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T