Wakil Prasad Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3355 of 2018 Arising Out of PS.Case No. -229 Year- 2012 Thana -RAFIGANJ District- AURANGABAD ====================================================== Wakil Prasad Singh .... .... Petitioner/s

Versus

1. State of Bihar

2. The District Manger, Bihar State Food and Civil Supplies Corporation Ltd. Aurangabad.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.K.Sahi, Senior Advocate or Mr. Satyam Shivam Sunderam, Advocate For BPSC Mr. Shailendra Kumar Singh, Advocate For the Opposite Party: Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Rafiganj P. S. Case No. 229/2012, registered under Sections 409, 420, 467, 468, 471, 406 and 120 (B ) of the Indian Penal Code. The prosecution case as lodged on the basis of written complaint by one Haridwar Rai, Assistant Manager cum- Senior Officer, Procurement Centre, Rafiganj to the S.H.O., Rafiganj is that 20726.70 quintals paddy were procured from Procurement Centre, Rafiganj and was made available to M/S Suryavanshi Rice Mill and Miler had to supply 13886.90 quintals of C.M.R. to F.C.I. but on that day stock in Mill of paddy and C.M.R. was found Nill. By 05.11.2012 only 1620 quintal C.M.R. was supplied and remaining 12266.00 quintal of C.M.R. was not deposited. It is

Patna High Court Cr.Misc. No.3355 of 2018 (3) dt.01-02-2018 2/2 submitted that F.I.R. is against owner of Rice Mill. The petitioner at the relevant time was posted as Senior Deputy Collector, Aurangabad and was given additional charge of District Manager, S.F.C. to facilitate procurement of paddy.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and as he had taken stern action against erring employees. It is also submitted that the petitioner is not named in the FIR rather the name of the petitioner surfaced during investigation and the F.I.R. named accused, Amit Kumar Singh, Proprietor of Millar has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 20.08.2013 passed in Cr. Misc. No. 14763 of 2013 and the petitioner is in custody since 28.11.2017. Having considered the facts and circumstances, let the petitioner, Wakil Prasad singh, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of special Court of Careless Rice- Millar 1st Class Judicial Magistrate, Gaya in connection with Rafiganj P.S.Case No. 229 of 2012. (S. Kumar, J) Sudha/- U T