Ram Subhag Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.45130 of 2015 (3) dt.27-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45130 of 2015 Arising Out of PS.Case No. -197 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Subhag Kumar Yadav son of Ram Ekbal Rai, resident of villageLakhaura, Police Station- Lakhaura (Muffasul), District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Singh For the Opposite Party : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Muffasil Motihari P.S. Case No. 197 of 2015 for the offences instituted under Sections 409, 468 and 420/34 of the Indian Penal Code.

As per prosecution case, petitioner being a Chairman of PACS procured paddy from Bihar State Food Corporation on the basis of forged receipts which were issued in the name of different farmers.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. Whatever procurement of

Patna High Court Cr.Misc. No.45130 of 2015 (3) dt.27-01-2016 paddy which was made from the BSFC that has already been paid to the agriculturist. It is further submitted that petitioner is ready to deposit an amount of Rs.50,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.50,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Motihari Muffasil P.S. Case No. 197 of 2015 (G.R.Case No.3379 of 2015) on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the SDJM Sadar at Motihari, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T