Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2186 of 2019 Arising Out of PS. Case No.-33 Year-2018 Thana- KHUDWA District- Aurangabad ====================================================== Upendra Singh Late Suryadeo Singh Vill-Bichhaha, P.S - Khudwan, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlendra Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta (App 42) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khudwan P.S. Case No. 33 of 2018 registered for the offences punishable under Sections 420, 406, 409/34 of the Indian Penal Code.

Informant is Block Co-operative Extension Officer Obra, Aurangabad, who in his written complaint lodged in police station has alleged that in the Kharif Marketing year 2017-18 Malwa PACS, Block Obra, purchased 6284 quintal of paddy from farmers for which 4210.28 quintal C.M.R. was to be supplied to B.S.F.C. Aurangabad by 31.07.2018, however only 1620 quintal was supplied by PACS and 2590.28 quintal of C.M.R. valued at Rs. 5992438.75 was misappropriated by Upendra Singh (petitioner) Chairman of PACS and Chandan Kumar Manager PACS giving rise to Khudwan P.S. Case No.

Patna High Court Cr.Misc. No.2186 of 2019(4) dt.22-01-2019 2/2 33 of 2018 instituted under Section 420, 406, 409 r/w 34 of Indian Penal code.

Petitioner has agreed to refund 50% of the alleged amount of rupees 30 (thirty) lacs to the Government account and shall pay rupees 10 (ten) lac each month for 03 (three) months. In the facts and circumstances as stated above, petitioner is directed to be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Daudnagar, District- Aurangabad in connection with Khudwan P.S. Case No. 33 of 2018, with a condition that Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned and after refund of the rupees 30 (thirty) lacs in 03 (three) months installment the provisional bail shall be confirmed by the learned Court below itself, failing which the bail bond of the petitioner shall be cancelled. Accordingly, this Criminal Miscellaneous stands disposed of.

(S. Kumar, J) Rajiv/- U T