Suresh Prasad Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72196 of 2019 Arising Out of PS. Case No.-348 Year-2018 Thana- BUXAR District- Buxar ====================================================== SURESH PRASAD MANDAL S/o Late Shanichar Mandal then D.P.O (Madhyan Bhojan Scheme) Retired, at present resident of Village/MohallaJanipur Bazar, P.S.- Janipur, District- Patna, permanent Address villageDhokardhara, P.S.- Banmankhi, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Choudhary Mr. Shailesh Kumar Singh Mr. A. Ankit For the State :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Buxar Nagar No. 348 of 2018, registered for the offence punishable under Sections 409, 420, 120(B) of the Indian Penal Code.

The allegation is regarding the petitioner and other co-accused persons, working in the district administration, the petitioner being the District Programme Officer (midday meal) at Buxar, having connived and not maintained the appropriate records of rice to be distributed for the purposes of midday meal scheme as also having tampered with the

Patna High Court CR. MISC. No.72196 of 2019(2) dt.04-12-2019 2/3 records. It is further alleged that the guidelines issued by the Government was not adhered to by the co-accused persons including the petitioner herein.

The learned counsel for the petitioner has submitted that there is no quantification of the loss caused to the Government on account of non-maintenance of the records of allotted quantity of rice. It is further submitted that the allegations levelled against the petitioner also does not disclose the loss caused to the Government on account of any tampering having been made in the records. It is further submitted that the petitioner is a retired employee and the matter is quite old, hence, the petitioner cannot be penalized at the moment and if at all, anyone is responsible, it is the officials who are, at the moment, posted on the spot. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 30.9.2019. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.72196 of 2019(2) dt.04-12-2019 3/3 to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Town (Nagar) P.S. Case No. 348 of 2018.

(Mohit Kumar Shah, J) ajay gupta/- U T