Vishundeo Singh v. State Of Bihar Through The Dist. Manager, Bihar State Food And Civil Supplies Corpor. Ltd. Kaimur,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67931 of 2019 Arising Out of PS. Case No.-93 Year-2015 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Vishundeo Singh Son of Late Surajdev Singh Resident of Village- Suhiya, P.S.- Shipur, District- Bhojpur.

... ... Petitioner/s

Versus

State of Bihar Through The Dist. Manager, Bihar State Food And Civil Supplies Corpor. Ltd. Kaimur, P.S.- Kaimur, District- Kaimur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 This is an application for grant of anticipatory bail in connection with Ramgarh P. S. Case No. 93 of 2015, disclosing offence under Sections 409, 420 of the Indian Penal Code. As per there is allegation of defalcation to the tune of Rs. 1,08,62,448.96. So far this petitioner is concerned. It is alleged that he was checking truck challan and instead of challan of tempo he shows as challan of a truck. Submission of the learned counsel for the petitioner is that as a matter of fact there was slight difference between truck number and tempo number in place of UP65AR-2507, it was mentioned as UP65R-2507 as there was mud on number plate so that mistake has occurred and other co-accused persons have been granted privilege of anticipatory bail.

Patna High Court CR. MISC. No.67931 of 2019(2) dt.16-01-2020 2/2 On the other hand learned counsel for BSFC has opposed the bail on the ground that the case of the other coaccused is not similar in nature as the petitioner who was checking challan and the challan is in the name of Tempo and not of truck and it is not possible to carry such a huge quantity in tempo.

Having heard both sides, in view of the allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, which shall be considered by the learned trial court without being prejudiced by order of this Court.

(Vinod Kumar Sinha, J) Rahul/sunny/- U T