Shree Ram Nath Ray @ Ram Nath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54267 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Shree Ram Nath Ray @ Ram Nath Rai Son of Munsilal Ray Resident Of Village-Chaknoor,Ward No-6,PS-Samastipur Muffasil,District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Samastipur Muffasil P.S. Case No. 376 of 2023 dated 04.08.2023, instituted for the offence punishable under Sections 420, 406, 409 and 34 of the Indian Penal Code.
3. The allegation against the petitioner, who is Manager of PACS and co-accused Ranjeet Ray, chairman of Chaknoor PACS is that, they embezzled 854 quintals paddy crops worth Rs. 17,33,509/-
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is the Manager and
Patna High Court CR. MISC. No.54267 of 2024(2) dt.31-08-2024 2/3 co-accused Ranjeet Ray is Chairman of Chaknoor PACS, who use to manage all the things in his own way and petitioner has no role in purchase of said crops. It is also submitted that loss was assessed by Co-operative Department and it was found that total loss is of Rs. 17,33,509/-. It is further stated that one Sanjeet Kumar (brother of Ranjeet Ray) has deposited Rs. 5,00,000/- and assured that the rest amount will be paid with interest in ten installments after release of Ranjeet Ray. It is further submitted that the Chairman namely, Ranjeet Ray has been granted bail vide order dated 15.03.
2024 passed by the Sessions Judge, Samastipur on the undertaking that petitioner will deposit the rest amount in ten monthly installment in Samastipur District Central Co-operative Bank Limited and on that undertaking, he has been granted bail. The said statement has been supported by Branch Manager, Samastipur District Central Co-operative Bank Limited vide Annexure P/3. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of
Patna High Court CR. MISC. No.54267 of 2024(2) dt.31-08-2024 3/3 six weeks from today, in connection with Samastipur Muffasil P.S. Case No. 376 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Samastipur, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T