Ram Narain Pandit @ Ran Narain Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45171 of 2018 Arising Out of PS.Case No. -86 Year- 2016 Thana -LADANIA District- MADHUBANI ======================================================

1. Ram Narain Pandit @ Ran Narain Pandit son of Shivjee Pandit, resident of Village- Gadha, P.S.- Ladaniya, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Singh For the BSFC :

Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ladaniya P.S.Case No.86 of 2016, registered for offences punishable under Sections 420 and 406 of the Indian Penal Code. Petitioner is Chairman of the PACS and allegation against him is of depositing 6.24 quintal less CMR to the B.S.F.C. However, submission of the learned counsel for the petitioner is that Annexure-2 discloses that it was a mistake of fact and as the purchase of paddy is only 847.96 quintal.

Heard learned A.P.P. and the learned counsel for the BSFC also. In view of Annexure-2, learned counsel for the BSFC has not controverted the above facts..

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.45171 of 2018 (3) dt.06-08-2018 2/2 circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Madhubani in connection with Ladaniya P.S.Case No.86 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T