Anita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66675 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- SILAO District- Nalanda ====================================================== 1.

ANITA SINHA Wife of Dharmendra Prasad Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda.

2.

Gangia Devi W/o Umesh Thakur Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda.

3.

Chinta Devi W/o Umesh Thakur Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda.

4.

Surendra Prasad @ Surendra Kumar Son of Baldeo Mahto Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda. 5.

Sujeet Kumar Sinha Son of Manji Ravi Das Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda.

6.

Sanjeev Kumar Son of Baldeo Mahto Resident of Village - and Post - Dharhara, P.S.- Silao, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This application, for grant of anticipatory bail, arises out of Silao P.S. Case No. 138 of 2019, disclosing offences under Sections 406, 409, 420/34 of the Indian Penal Code. Allegation as per F.I.R. is that the Chairman of Dharhara PACCS has been allotted 15 farmers for purchasing 858 quintals paddy, per quintal Rs. 1750/- total Rs. 15,01,50/- and the farmers were paid the said amount through R.T.G.S. It is alleged that 57% CMR (Rice) total 574 quintal 86 Kgs were to be delivered by PACCS till 30.06.2019 but the rice was not given to District

Patna High Court CR. MISC. No.66675 of 2019(4) dt.09-12-2019 2/2 Cooperative Officer of S.F.C. and thus there was a defalcation of Government money to the tune of Rs. 16,09,033/- Submission of learned counsel for the petitioners is that petitioners are the members of Executive Committee and they have nothing to do with day to day affairs of PACCS and they have falsely been implicated in this case. The allegations are against the Chairman of PACCS. Petitioners are ready to abide by any condition imposed on them.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Silao P.S. Case No. 138 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T