Wishwajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.606 of 2017 Arising out of PS. Case No. -102 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Wishwajeet Kumar, S/o Sri Baijnath Prasad, Resident of village-Dadapi, P.S. Paraiya, District- Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Vijay Bharti, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner, who is in custody, seeks bail in connection with Paraiya P.S. Case No. 102 of 2016 registered for offence under Sections 409 and 420 of the Indian Penal Code. Allegation in brief is that the petitioner being the Chairman of Bagahi PACS purchased 6342.30 quintals of rice from farmers and he had to return 4249.14 quintals of rice as Customed Milled Rice but before lodging of the FIR he had only deposited 3406.19 quintals of CMR to the State Food Corporation. It is also alleged that the S.F.C. extended the period for depositing the CMR by 31.7.2016 Learned counsel appearing on behalf of the petitioner submits that petitioner is the Chairman of the PACS and he had
Patna High Court Cr.Misc. No.606 of 2017 (2) dt.11-01-2017 entered into an agreement with rice miller for milling but the miller did not return back the remaining CMR so the petitioner could not deposit it with S.F.C. The only fault of the petitioner is that he did not file a case against the miller under the Public Demand Recovery Act or lodged F.I.R. with the Police. Learned counsel further submits that the petitioner is ready to pay the cost of remaining CMR which in total comes to Rs. 17,74,368.10 paise and as the first instalment he is willing and ready to deposit 30 per cent of the amount and rest in equal monthly instalments. Considering the aforementioned facts and circumstances, the petitioner, named above, is directed to be released on bail upon furnishing bail bond of Rs.
10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 102 of 2016 subject to his depositing first a Bank draft of Rs. Five lakh thirty two thousand three hundred ten and ten paise and remaining amount in two equal instalments in succeeding months. In case of failure to deposit any instalment the bail bond will be cancelled.
This order would be without prejudice to the petitioner in trial.
(Arun Kumar, J) S.Sb/- U T