Vinod Singh @ Vinod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77902 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Vinod Singh @ Vinod Kumar Singh S/O Late Raj Narayan Singh Resident of Village- Dharhra, P.O and P.S- Durgawati, Distt.- Kaimur at Bhabhua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Kiran Kumari Sharma, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Durgawati PS case no. 226 of 2024, disclosing offences punishable under Sections 318(4) and 316(5) of B.N.S. Act. 3.
The prosecution story, as per the First Information Report, is that the petitioner being the Chairman of Chehariya P.A.C.S. procured 5495.08 qts. of paddy but supplied only 2610 quintals of C.M.R. to B.S.F.C. and thereby, has misappropriated 4244 quintals of paddy, equivalent to Rs. 93,70,752/-. 4.
Learned Counsel for the petitioner submits that petitioner, after procurement of the paddy, handed it over to the Rice Mill for milling but the Rice Miller failed to supply the C.M.R. to the Bihar State Food Supply Corporation. Learned
Patna High Court CR. MISC. No.77902 of 2024(2) dt.26-11-2024 2/2 counsel further submits that petitioenr is ready to pay the cost of the paddy, amounting to Rs. 93,70,752/- in installments and 20% of the aforesaid amount shall be paid at the time of furnishing bail bonds and the balance amount shall be paid within a total period of 06 months, in installments.
5.
Having regard to the submissions made on behalf of the parties and taking into consideration the undertaking given by the petitioner that he shall pay 20% of Rs. 93,70,752/-i.e. the cost of paddy, at the time of furnishing bail bonds and remaining amount shall be paid in total periods of 06 months, thereafter, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Durgawati PS case no. 226 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T