Rakesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50020 of 2015 Arising Out of PS.Case No. -249 Year- 2015 Thana -C.B.I CASE District- VAISHALI(HAJIPUR) ====================================================== Rakesh Kumar Son of Sri Banwari Prasad, Resident of Village - Suzawalpur, Police Station - Saraiya, District - Muzaffarpur, Presently posted as Block Agriculture Officer, Vaishali at Hajipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies, Corporation Ltd., Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bindhyachal Singh, Advocate For the BSFC : Mr. Shailendra Kumar Singh,Advocate Mrs. Neeta Singh, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420 and 120B of the Indian Penal Code and Section 7 of the E.C. Act registered in connection with Vaishali P.S. Case No. 249 of 2015.

3. It is submitted that the petitioner being the Block Agriculture Officer, Vaishali has been falsely implicated and in any event the shortage of paddy was well within the tolerance limit of 17% in terms of Food and Consumer Protection Department's letter No. 7714 dated 06.12.2013

Patna High Court Cr.Misc. No.50020 of 2015 (2) dt.03-11-2015 (Annexure-2). In the instant case shortage of only about 441 quintals was found as against 8864 quintals of paddy purchased by the farmers.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Vaishali P.S. Case No. 249 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Vikash Jain, J) Chandran U T