Pramod Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31245 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Pramod Kumar Singh Son of Late Ram Naresh Singh resident of village + P.O. - Gorigama, P.S. - Meenapur, District - Muzaffarpur, presently working as Seed Inspector at Bettiah, District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation Ltd. through the District Manager, Vaishali.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Patanjali Rishi For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 420, 406 and 409 of the Indian Penal Code and Section 7 of E.C.Act.

The prosecution case, in brief, is that the petitioner being Centre Incharge for Lalganj purchased 7923.60 quintals paddy from farmers out of which he could make only 7812.91 quintals paddy available to Rice Mills and 110.69 quintals worth Rs.1,44,384.04 of paddy was kept with him. As such, the petitioner is said to have defalcated the said amount. It has been submitted on behalf of the petitioner that he has been made accused due to mistake of fact as to when

Patna High Court Cr.Misc. No.31245 of 2015 (2) dt.31-07-2015 2/2 no irregularity has been committed on the part of the petitioner. The petitioner is ready to deposit Rs.25000/- 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, petitioner is directed to deposit Rs.25000/- in the court below which shall be subject to the final disposal of the case. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur, in G.R. Case No.1774 of 2015 arising out of Lalganj P.S. Case No. 86 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sudhir Singh, J) singh/- U T