Md. Tafsil Ahmad @ Tafsil Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80753 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- FALKA District- Katihar ====================================================== Md. Tafsil Ahmad @ Tafsil Anwar Son of Md. Sakil R/O Vill.- Bharsia, P.S.- Falka, Dist.- Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prakash Sharma, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420, 409 of the Indian Penal Code .

3 . As per prosecution case , on 03.05.2024, informant along with others enquired into Barsia Pacs. On enquiry , informant found that Barsia Pacs purchased 649.000 MT paddy for the year 2022 - 23 but supplied only 380.870 MT Paddy to miller. It is further alleged that total 268.130 MT Paddy has been misappropriated by the Chairman and Manager (petitioner) of Bharsia Pacs and the cost of misappropriated Paddy is Rs. 53,86,884.50/- .

4. By filing supplementary affidavit, learned counsel

Patna High Court CR. MISC. No.80753 of 2024(6) dt.15-04-2025 2/3 for the petitioner submits that petitioner is manager of Pacs in question and he admits and is ready and willing to pay 25 per cent of the alleged liability as mentioned in the F.I.R., bearing Falka PS Case No. 99 of 2024 dated 03.05.2024 in installments for the present.

5 . Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Judicial Magistrate Katihar in connection with Falka P. S. Case No. 99 of 2024 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 4,00,000/- ( four lakhs ) through Bank Draft in the Office of District Cooperative Officer Katihar at the time of furnishing bail-bond and thereafter, rest amount i.e., 8,50,000/- (eight lakh fifty thosand ) shall be deposited in 5 installments within two years through Bank Draft to the informant, failing which, the learned court below

Patna High Court CR. MISC. No.80753 of 2024(6) dt.15-04-2025 3/3 would be at liberty to cancel the bail-bond.

6. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case .

(Prabhat Kumar Singh, J) Koushik/- U T