Rajdeo Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56667 of 2019 Arising Out of PS. Case No.-101 Year-2015 Thana- GOVINDGANJ District- East Champaran ====================================================== RAJDEO RANJAN Son of Sukrit Ram Resident of Village - Kashi Chapra, P.O.- Tola Miya, P.S.- Barwaj, Dist.- Muzaffarpur, Purchase Centre Manager, Block Agriculture office, Jhajha, Dist.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sachida Nand Rai For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-09-2019 Heard both sides.
The petitioner apprehends his arrest in Govindganj Malahi P.S. Case No.101 of 2015 registered under Sections 406, 409 and 420 of the Indian Penal Code.
The petitioner is not named in the F.I.R. One Umesh Prasad, proprietor of M/S Navin Rice Mill is alleged to have lifted 6500 quintals of paddy and he had to deliver 4,355 quintals of C.M.R. to S.F.C. but Umesh Prasad handed over only 540 quintals of C.M.R. It is alleged that Umesh prasad defalcated and misappropriated 3815 quintals of C.M.R., the cost of which is Rs.82,61,611/-.
The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The petitioner is an employee of S.F.C. During the course of investigation, name of
Patna High Court CR. MISC. No.56667 of 2019(2) dt.11-09-2019 2/2 the petitioner surfaced in the case as he is one of the persons who is responsible for not collecting C.M.R. but it is submitted that petitioner is not at all connected with the case. No tangible material is collected. Umesh Prasad lifted 6500 quintals of paddy and he admitted the fact that he only handed over 540 quintals of C.M.R. to the S.F.C. On deposit of 20% of the amount of defalcation i.e. Rs.82,61,611/-, Umesh Prasad was granted anticipatory bail. Umesh Prasad also pledged his property with the S.F.C. for realisation of the remaining amount.
Taking into consideration the facts aforesaid, let 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri R.M. Tiwari, the learned Judicial Magistrate-1st Class, Chapra, District-Saran in connection with Govindganj Malahi P.S. Case No.101 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.