Rajeev Ranjan Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7235 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -ATRI District- GAYA ======================================================

1. Rajeev Ranjan Kumar S/o Vijay Kumar, R/o Village- Khiri, P.S.- Atri, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Block Gooperative Extension Officer, Atri, P.S.- Atri, DistrictGaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 406/420 of the Indian Penal Code.

The petitioner was chairman of Chakra PACS.

Allegation is that for the period of 2016-17 the PACS purchased the referred quantity of paddy from the farmers and equivalent rice of 1538.32 quintals was allegedly sold by the petitioner in the black market.

Submission is that Annexure-10 to the supplementary affidavit would reveal that the petitioner had given

Patna High Court Cr.Misc. No.7235 of 2018 (6) dt.27-03-2018 P2/ the paddy for milling purpose to the miller as per the agreement. However, the original miller was black listed and fresh agreement was entered into with another miller. Another miller did not deposit any rice. In the circumstances, FIR has been lodged. The petitioner is in custody since 11.12.2017. Investigation of the case is already complete.

Considering the entire facts of the case, let the petitioner, above named, be released on bail after framing of the charge or after completion of three months of custody from today whichever is earlier 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 Atri P.S. Case No.140 of 2017, 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