Sanjay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29638 of 2014 (2) dt.13-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29638 of 2014 Arising Out of PS.Case No. -101 Year- 2013 Thana -MANJHI District- SARAN ======================================================

1. Sanjay Kumar Son of Late Bageshwari Singh Resident of Village - Guraru, P.S.- Guraru, District - Gaya presently posted as Block Agriculture Office, Kauakol, P.S- Kauakol, District - Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Pushpa Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 101 of 2013 registered for the offence punishable under Sections 409/34 of the Indian Penal Code. Allegedly, the petitioner being the Block Agriculture Officer was appointed observer for supervising the purchase of wheat at all centers of Manjhi Block and in spite of notice did not deposit 603.41 quintals wheat in the depot of FCI and it was suspected that the said wheat has been misappropriated value of which comes to Rs. 8,16,046/-.

It is submitted that the petitioner has falsely been

Patna High Court Cr.Misc. No.29638 of 2014 (2) dt.13-01-2015 implicated, he was transferred and he has handed over the charge to Neeraj Kumar Chaudhary and he has received the charge including 39,848 bags of wheat and that Neeraj Kumar Chaudhary has been allowed pre-arrest bail by another Bench of this Court vide Cr. Misc. No. 25012 of 2014 and further the District Magistrate had directed for making inquiry in the matter but in spite of that the present FIR has been instituted and certificate case has also been filed.

Having regard to the entirety of the case, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Manjhi P.S. Case No. 101 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T