Md Meraj v. The State Of Bihar Through The District Manager, Bihar State Food Corp., East Champaran Motihari.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48098 of 2022 Arising Out of PS. Case No.-220 Year-2016 Thana- DHAKA District- East Champaran ====================================================== MD MERAJ S/o Late Saheb Jan Miya Resident of Village- Lahan, Dhaka, P.S.- Dhaka, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar through the District Manager, Bihar State Food Corp., East Champaran Motihari. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-11-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 406 and 420 of the Indian Penal Code.

The allegation against the petitioner is of non accounting of 1055.85 quintals of paddy and as such consequent defalcation of approximate sum of Rs. 14.88 lacs. It is submitted by learned counsel appearing for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 3.1.2022 (Annexure-1) passed in Cr. Misc. no. 13469 of 2021. The petitioner has remained in custody for more than two years since 2.10.2020 and investigation in the case is complete with submission of the

Patna High Court CR. MISC. No.48098 of 2022(3) dt.09-11-2022 2/2 chargesheet. Further reliance is placed by learned counsel for the petitioner on an order of the Hon'ble Supreme Court passed in a similar case brought on record as Annexure 3 series (at page

32) wherein the Hon'ble Supreme Court has been pleased to grant bail on the ground of the petitioner therein having suffered incarceration of two years and that the investigation was complete.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for two years and investigation in the case having been completed, the petitioner is directed to be enlarged on bail in connection with Dhaka P.S. Case no. 220 of 2016 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarhana at Dhaka, District East Champaran.

(Partha Sarthy, J) Spd/- U T