Ram Pravesh Singh @ Ram Pravesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50257 of 2017 Arising Out of PS. Case No.-59 Year-2017 Thana- KASHICHAK District- Nawada ====================================================== Ram Pravesh Singh @ Ram Pravesh Kumar, Son of Srikant Singh, resident of Sarkatti, P.O.- Jalalpur, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation through the M.D. Bihar at Patna.

3. The District Co-operative Prashar Officer, Kasichak Nawada, Dist. Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sumeet Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Sri Arun Kumar Singh -5, APP For the BSFC :

Mr. Sanjeev Kumar Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kasichak P.S. case no. 59 of 2017 instituted for the offence under Section(s) 406,409,420,467,468, 188 and 120B/34 of the Indian Penal Code.

There is allegation against this petitioner that being the PACS Chairman he has misappropriated 4544.72 quintals of CMR aounting to Rs. 1,07, 98,254/- at the rate of Rs. 2376 per quintal by selling the remaining CMR in open market. Learned counsel for the petitioner has submitted that petitioner has given paddy to the rice miller and has not sold

Patna High Court Cr.Misc. No.50257 of 2017(8) dt.27-04-2018 2/2 the same in open market vide Annexure-3.

A counter affidavit has been fled on behalf of the opposite party no. 2 ( BSFC) wherein it is stated in para 3 that paddy equivalent to 4544.72 quintal was supplied to the State Food Corporation Nawada by Sultanpur PACS for the procurement year 2016-17. The value of CMR i.e. 4544.72 quintal amounting to Rs. 1,07,98,254/- at the rate of Rs. 2376/- per quintal has been misappropriated by PACS Chairman, namely, Ram Pravesh Singh. The petitioner has sold the remaining CMR in the market.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T