Sudarshan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74383 of 2019 Arising Out of PS. Case No.-145 Year-2011 Thana- DARIYAPUR District- Saran ====================================================== Sudarshan Rai, Son of Late Ramdeo Rai, Resident of Village- Darihara Bhual, P.O.- Dharihara, P.S.- Dariyapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akashdeep, Advocate Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Dariyapur P.S. Case No.145 of 2011, registered for the offence punishable under Section 409 of the Indian Penal Code. The allegation against the petitioner as per the First Information Report is that the petitioner did not distribute a total quantity of 444.60 quintals of rice under Sampoorna Gramin Rozgar Yojna to the beneficiaries amounting to about Rs.6,09,102/-.

Mr. Aakasdeep, learned counsel appearing for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch as the petitioner had

Patna High Court CR. MISC. No.74383 of 2019(3) dt.06-03-2020 2/3 challenged the demand notice issued by Block Development Officer, Dariyapur, Saran by letter No.1347 dated 05.08.2011 by way of writ application before this Hon'ble Court bearing C.W.J.C. No.14883 of 2011 disputing the quantity of undistributed rice of about 444.60 quintals and has accepted the liability of only 129.25 quintals of undistributed rice. Learned counsel further submits that the aforesaid writ application was disposed of by this Court vide its order dated 16.09.2011, Annexure-4, with the direction to the petitioner to file representation and to deposit 20 per cent of the value of 130 qunitals of rice @ Rs.10 per kilogram before the concerned authority and with further direction that upon payment of the said amount, the representation filed by the petitioner shall be disposed of within ten weeks. Learned counsel further submits that quantity of rice have been disputed by the petitioner and the petitioner is not liable to pay the amount, as mentioned in the first information report.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner has disputed the quantity of the rice and this Hon'ble Court while disposing of the writ application had directed the petitioner to pay 20 per cent of the value of 130 qunitals of rice which the petitioner has

Patna High Court CR. MISC. No.74383 of 2019(3) dt.06-03-2020 3/3 deposited by way of Annexure-5, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additonal Chief Judicial Magistrate-IV, Saran at Chapra, in connection with Dariyapur P.S. Case No.145 of 2011, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T