Ramanand Singh v. The State Of Bihar Through Economic Offence Unit, Patna And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19015 of 2018 Arising Out of PS.Case No. -5 Year- 2015 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Ramanand Singh S/o late Sitaram Singh, R/o Village- Rajdham, P.S.- Maheshkhut, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar Through Economic offence Unit, Patna.
2. Sita Saran S/o Jagdish Prasad, District Manger Sate Food Corporation, Supaul at present residing at Road No. 4, Adarsh Path, North Shastri Nagar Patna, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rounak Kumar Singh "Pankaj" Mr. Pankaj Kumar Sinha Mr. Kamal Kishore Jha For the E.O.U : Mr. V.N.P Sinha(Eou)Unit Mr. Soni Shrivastava For the B.S.F.C. : Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State, the learned counsel for the Economic Offence Unit as also the learned counsel for the B.S.F.C. In this application for anticipatory bail the petitioner apprehends his arrest in connection with Economic Offence P.S. Case No. 05 of 2015 for the offences punishable under sections 420, 406, 467, 468, 471 and 120 (B) of the I.P.C. Allegedly, co-accused Pawan Kumar being a rice miller was supplied 8602.60 quintals of paddy by the Supaul unit
Patna High Court Cr.Misc. No.19015 of 2018 (5) dt.20-06-2018 2/3 of the Bihar State Food & Civil Supplies Corporation Limited under agreement during the procurement years 2011-12, in lieu thereof co-accused Pawan Kumar was supposed to supply 5763.744 quintals of Custom Milled Rice (CMR) but failed to supply the same within the stipulated time and the miller supplied only 135.00 M.T. CMR and misappropriated the rest CMR valued at Rs. 8,98,12,888.69 paise which is the amount of JANDHAN. During investigation the name of the petitioner also transpired that he being the Junior Engineer was working as Purchase Officer.
Submission is of false implication and that after 2 1⁄2 years of institution of the case the investigating officer without any material implicated the petitioner stating that the petitioner has got hand also with the main accused, no offence as alleged is made out against the petitioner, the main accused has already been granted anticipatory bail vide Cr. Misc No.36640 of 2015 on 10.09.2015, further co-accused Umesh Das has been allowed prearrest bail vide Cr. Misc. No. 54732 of 2017 by order dated 15.01.2018 and as such the petitioner also deserves sympathetic consideration.
The learned counsel for the Economic Offence opposes prayer for pre-arrest bail, but fairly submits that the rice miller has already been allowed pre-arrest bail.
Patna High Court Cr.Misc. No.19015 of 2018 (5) dt.20-06-2018 3/3 In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Manish Kumar, Judicial Magistrate, Darbhanga in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T