Dilip Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50455 of 2015 Arising Out of PS.Case No. -248 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Dilip Kumar Singh, Son of Chandrika Prasad Singh, Resident of VillageBoktha, Police Station- Major Gunj, District- Sitamadhi, Presently posted as Block Agriculture Officer, Hajipur Sadar .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd. Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vaishali Belsar P.S. Case No. 248 of 2015 registered under Sections 406, 409, 420, 120(B) of the Indian Penal Code and section 7 of the E.C. Act.

The accusation is that the petitioner, being the Incharge of the Purchase Center of Bihar State Food Corporation, Belsar, District- Vaishali, purchased 7708.80 quintal paddy, but only provided 7243.20 quintal paddy to the millers for preparation of customized milled rice. Accordingly, 465.60 quintal paddy was found shortage.

Patna High Court Cr.Misc. No.50455 of 2015 (2) dt.07-12-2015 2/2 Learned counsel appearing on behalf of the petitioner submits that in the guidelines issued by the Food and Consumer Protection, Department of Government of Bihar, the shortage of paddy was to be purchased with 17 % of moisture. However, the standard amount of moisture is to be 10% for the purpose of storage. Learned counsel for the petitioner submits that the shortage of paddy is well within that limit about 6% by the petitioner.

Learned counsel for the Bihar State Food Corporation has not objection in this regard. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Vaishali at Hajipur in connection with Vaishali Belsar P.S. Case No. 248 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/- U T