Patna High CourtCR. MISC./9122/2018bail granted

Gautam Kumar v. State Of Bihar And ANR

2018-02-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9122 of 2018 Arising Out of PS.Case No. -197 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Gautam Kumar S/o Ramvilas Yadav, R/o Village- Jhitkoria, P.S.- Makdumpur, District- Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, State Food Corporation, Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Makhdumpur P.S. Case No.197 of 2016, a case under Section 409/34 of the Indian Penal Code.

The petitioner was manager of PACS. Under an agreement with a rice miller, the Chairman of the PACS purchased paddy and he delivered the rice in lesser quantity as required and, thus, allegedly misappropriated to the tune of rupees three lacs eighty-four thousand and odd.

It appears that the petitioner was allowed anticipatory bail earlier by a coordinate Bench of this Court in Cr. Misc. No.1978 of 2017 on submission of the petitioner that

Patna High Court Cr.Misc. No.9122 of 2018 (2) dt.16-02-2018 P2/ chairman would deposit the money but the money was not deposited with BSFC. Hence, provisional anticipatory bail was rejected by the learned Court-below and this Court refused to interfere with the matter in Cr. Misc. No.41199 of 2017. Petitioner is in custody since 20.11.2017.

Considering the fact that main liability is of Chairman, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T