Md. Allauddin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63265 of 2019 Arising Out of PS. Case No.-67 Year-2015 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== MD. ALLAUDDIN ANSARI, aged about 58 years (Male), S/o Late Abdul Shakur Ansari, R/o village and P.S.- Hashpura, District- Aurangabad. ... ... Petitioner

Versus

1.

The State of Bihar.

2.

the District Manager, Bihar State Food Corporation, Kaimur at Bhabhua Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Rashid Rais, Advocate.

For the State :

Mr. C. Jawahar, A.P.P.

For the O.P.No. 2 : Mr. Siddharth Harsh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner, learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd., and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 409 and 420 of the IPC. The prosecution story, in brief, is that the Bihar State Food Corporation supplied 15000 Quintals of paddy to the petitioner and the petitioner being the Rice Miller was supposed to be supply 10050 Quintals of processed rice but he failed to

Patna High Court CR. MISC. No.63265 of 2019(2) dt.14-11-2019 2/3 supply 9780 Quintals of rice and thereby misappropriated Rs. 2,42,40,316.80/- of the Bihar State Food Corportion. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 19.06.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in course of investigation. The petitioner has submitted valuation certificate in respect of the land in question owned by the Rice Miller Muni Lal Sigh @ Munni Lal Singh. The petitioner had given the said valuation certificate on the basis of a report submitted by one Shankar Sharan Upadhaya, Revenue Clerk. Except for this, no wrongful loss or no wrongful gain has been made on the part of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.

Patna High Court CR. MISC. No.63265 of 2019(2) dt.14-11-2019 3/3 Gaya, in connection with Kudra P.S. Case No. 67 of 2015 (G.R. No. 614 of 2015).

(Sudhir Singh, J) U.K./- U T