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Patna High CourtCR. MISC./26600/2015bail granted

Dhirendra Kumar Giri v. State Of Bihar And ANR

2015-07-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26600 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -MADANPURA District- AURANGABAD ====================================================== Dhirendra Kumar Giri son of Late Jagatanand Giri, Proprieter M/S Jai Mata Di Mill War Madanpur, resident of village & P.O. War, P.S. Madanpur, District Aurangabad (Bihar).

.... .... Petitioner

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, Aurangabad. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate.

For the Opposite Parties : Mr. Dr.Rabindra Kumar(App) For the B.S.F.C.

: Mr. Shailendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The petitioner lifted 5043.95 quintals of paddy and he had to deliver 3379.40 quintals of CMR in the godown of the F.C.I., but the petitioner deposited only 1890.00 quintals of CMR in place of 3339.40 quintals, thereby he misappropriated a sum of Rs. 32,25,487/-.

It is submitted that the petitioner had already deposited Rs. 9 lakhs in the account of B.S.F.C. The petitioner has filed affidavit to deposit the remaining amount every month in equal

Patna High Court Cr.Misc. No.26600 of 2015 (4) dt.17-07-2015 2/2 installments of Rs. 2 lakhs till the total realization of the amount. Learned counsel appearing on behalf of B.S.F.C. has admitted the facts.

Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing 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, Aurangabad in Madanpur P.S. Case No. 49 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T