Rambabu Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62954 of 2024 Arising Out of PS. Case No.-89 Year-2022 Thana- PATAHI District- East Champaran ====================================================== RAMBABU RAM S/O LATE LAKHRAJ RAM R/o Village- Majhariya, P.S.- Ramgarhwa, District- East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2024
1. Heard learned counsel for the petitioner and Mr. Rabindra Kumar learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 08.07.2024. It is further submitted that in sum and substance, the allegation as alleged in the FIR is that under the PM Poshan Yojna, the petitioner along with other co-accused persons committed illegality under the PDS System by impersonation. It is next submitted that from perusal of the FIR, it would manifest that the informant further alleges that 209 quintals of rice was misappropriated and the said fact came to the notice of the authorities based on an inquiry wherein 114
Patna High Court CR. MISC. No.62954 of 2024(2) dt.20-09-2024 2/3 schools were directed to be inspected out of which 109 schools were inspected and from the report received the said misappropriation transpired. It is also submitted that the petitioner who is Prakhand Sadhan Sevi was also given an opportunity to put forth his side of the case that as to under what circumstances the misappropriation of rice occurred but then he did not submit his explanation in time. It is further submitted that the matter was inquired further on 29.04.2022 when it transpired that the rice was lifted by someone by committing impersonation.
4. Learned counsel for the petitioner submits that petitioner is a permanent employee and he cannot even think of committing such misappropriation of grains. It is further submitted that petitioner has been implicated in the instant case at the instance of two journalists as would manifest from his explanation furnished to the District Programme Officer by his letter dated 29.04.2022. It is next submitted that petitioner will not abscond rather will cooperate in the trial.
5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
6. Considering the submissions aforesaid, the petitioner, above named, is directed to be released on bail on
Patna High Court CR. MISC. No.62954 of 2024(2) dt.20-09-2024 3/3 furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Patahi P.S. Case No. 89 of 2022.
7. However, if the learned trial court comes to a conclusion that petitioner, after his release on bail, is trying to delay the trial of the case in any manner, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) Kundan/- U T