Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50499 of 2019 Arising Out of PS. Case No.-50 Year-2016 Thana- PAUTHU District- Aurangabad ====================================================== MANTU YADAV S/o Late Ramashish Yadav Resident of Village- Barahi, P.S.- Pauthu, Distt.- Aurangabad ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Tripurari Sharma, Block Co-operative Extension, Officer, Rafiganj Block, Rafiganj. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha, Adv For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 409,420 of the Indian Penal Code.

Petitioner is Chairman of the Vetaniya PACS.

Allegation is that when the office and godown of the PACS was inspected, no rice or paddy was found and it was suspected that 1207 quintals of C.M.R. in rice was misappropriated by the petitioner.

Submission is that Rafiganj P.S.Case No.121 of 2018 was lodged with identical allegation that since rice was not

Patna High Court CR. MISC. No.50499 of 2019(2) dt.22-08-2019 2/3 provided to the Bihar State Food and Civil Supply Corporation, the money of rice was not deposited with the Bank. Further submission is that in that case the petitioner has already been allowed provisional bail on the undertaking of the petitioner that he shall deposit entire outstanding amount within 18 months vide order dated 30.07.2019 passed in Cr. Misc. No. 44490 of 2019.

With the same aforesaid condition, let the petitioner, above named, be released on provisional bail and the provisional bail shall be confirmed only after compliance of the order dated 30.07.2019 passed in Cr. Misc. No. 44490 of 2019 on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Pauthu Police Station Case No.50 of 2016, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

Let a copy of the said order be communicated alogwith the present order to the court concerned where the

Patna High Court CR. MISC. No.50499 of 2019(2) dt.22-08-2019 3/3 present case is pending.

(Birendra Kumar, J) Nitesh/- U T