Janardhan Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.60445 of 2017 (04) dt.18-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60445 of 2017 Arising Out of PS.Case No. -362 Year- 2017 Thana -RAJAUN District- BANKA ======================================================

1. Janardhan Singh, S/o Late Bhim Jethi, Resident of Village- Ranitikar, P.S.- Rajoun, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, the Bihar State Food and Civil Supply Corporation, Ltd., Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh-Advocate For the B.S.F.C. : Mr. Sanjeev Kumar-Advocate For the Opposite Party/s : Mr. P. Mehta-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor along with learned counsel representing the Bihar State Food and Civil Supply Corporation Limited.

There happens to be an allegation against the petitioner to have misappropriated 1314.60 quintals of rice under the C.M.R. Scheme.

Learned counsel for the petitioner has submitted that he is ready to deposit the price of the aforesaid 1314.60 quintals of rice, which learned counsel for the B.S.F.C.S has disclosed to be Rs.31,36,635.60. Learned counsel for the petitioner has submitted that for the present, petitioner will deposit 1/4th of the aforesaid

Patna High Court Cr.Misc. No.60445 of 2017 (04) dt.18-01-2018 amount and rest amount will be deposited at his end within six months.

On deposit of 1/4th of Rs.31,36,635.60, the learned lower Court will release the petitioner, Janardhan Singh on provisional bail on furnishing bail bond of Rs.Ten Thousand (10,000/-) with two sureties of the like amount each to the Satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P. S. Case No.362 of 2017. The aforesaid provisional bail is to be legally acknowledgeable for a period of six months only. In case, the total amount is deposited, then in that event, the provisional bail will be deemed to be confirmed one, if not the liberty so being availed by the petitioner will cease to survive. Consequent thereupon, learned lower Court will be at liberty to proceed against the petitioner in accordance with law.

Under the aforesaid terms, instant petition is disposed of.

(Aditya Kumar Trivedi, J) Vikash/- U T