Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45918 of 2016 Arising Out of PS.Case No. -14 Year- 2015 Thana -PURNEA SADAR District- PURNIA ====================================================== Om Prakash Singh son of late Durga Prasad Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sadar Police Station Case No. 14 of 2015 registered for the offences punishable under Sections 406, 407, 409, 420, 467, 468, 471, 120B of the Indian Penal Code.

Petitioner being transporter was duty bound to transport the rice from FCI godown to other godowns but, allegedly, he defalcated rice worth Rs. 96 lacs. Submission on behalf of the petitioner is that petitioner did not get any rice rather the officials of FCI got manufactured the documents and misappropriated the rice. It is further submitted that petitioner had deposited huge amount as security money with FCI and there was also huge dues of the petitioner against the FCI

Patna High Court Cr.Misc. No.45918 of 2016 (5) dt.10-01-2017 2/2 and, therefore, if after trial any liability against the petitioner is found, he may be punished and, simultaneously, the defalcated amount can be recovered from the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that investigation against the petitioner has already been completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Purnea in connection with Sadar P.S.Case No. 14 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T