Sanjeev Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8638 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -RUPAULI District- PURNIA ======================================================

1. Sanjeev Kumar Mandal(Chairman Mateli Khemchand PACS) Son of Malkhi Mandal Resident of Village Ajhokopa, P.S. Rupouli, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-02-2018 Heard both sides.

The petitioner apprehends his arrest in Rupouli P.S. Case No.173 of 2017 registered under Sections 406, 409, 420 of the Indian Penal Code.

The allegation against the petitioner is that he being the Chairman, Mateli Khemchand PACS purchased 794 quintals of paddy. The petitioner had to deliver 531.98 quintals of rice to the BSFC but the petitioner delivered on 1.8.2017 only 270.01 quintal of rice. Petitioner did not hand over 266.98 quintal rice to BSFC. The cost of which comes to Rs. 5,80,635/- The learned counsel for the petitioner submits that the miller issued a cheque of Rs.4,96,000 in favour of the petitioner but the

Patna High Court Cr.Misc. No.8638 of 2018 (2) dt.17-02-2018 2/2 same could not be ownered. The petitioner is ready to make payment of entire amount within three months from the date of receipt of this order.

Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that the petitioner is ready to deposit Rs.5,80,635/- within three months from the date of receipt from today in the account of Central Cooperative Bank, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Purnea in connection with Rupouli P.S. Case No.173 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If the petitioner fails to deposit the aforesaid amount in the account of Central Cooperative Bank, the learned Court below shall cancel the bail bond of the petitioner immediately after lapse of three months.

Sanjeev/- (Prabhat Kumar Jha, J) U