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Patna High CourtCR. MISC./1111/2025disposed

Vijay Kumar Singh v. The State Of Bihar

2025-05-08Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1111 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- THAKURGANJ District- Kishanganj ====================================================== Vijay Kumar Singh Son of Late Ramesh Prasad Singh Resident of Village - Bairagijhar, P.S. - Thakurganj, District- Kishanganj ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Managing Director, Bihar State Food Corporation Limited Patna, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar, Adv.

For BSFC Mr. Shailendra Kr. Singh, Adv.

Mr. Utkarsh Utpal, Adv.

For the State :

Mr. Parmeshwar Mehta, Adv.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner, learned counsel for the Bihar State Food Corporation Ltd. and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 318(4), 316(5), 316(3), 61(2) of the B.N.S.

3. The allegation in the First Information Report is that a total quantity of 313.9 matric tons of paddy worth Rs. 68,52,437/- has been misappropriated by the accused persons including the petitioner who is the chairman of the PACS along with others.

4. At the outset, learned counsel for the petitioner

Patna High Court CR. MISC. No.1111 of 2025(3) dt.08-05-2025 2/3 submits that although he is not solely responsible for the misappropriation as alleged, yet he is agreeable to deposit half the amount of Rs. 68,52,437/- which is the value of 313.9 matric tons of paddy. The half of the said amount comes to Rs. 34,26,218/- which the petitioner agrees to deposit in installments in the concerned Cooperative Bank.

5. Taking into consideration the bonafide and fair stand of the petitioner, I am inclined to grant the privilege of provisional bail to the petitioner upon making a payment of Rs. 2,00,000/- as a first installment, a receipt of which would be shown at the time of furnishing of the bail bonds. Thereafter, the rest of the amount would be paid in installments within a total period of 15 months from the date of furnishing of the bail bonds. It goes without saying that after the entire payment of the amount of Rs. 34,26,218/- is made by the petitioner, the provisional granted to the petitioner would be confirmed by the learned court below.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.1111 of 2025(3) dt.08-05-2025 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Thakurganj P.S. Case No. 119 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J) devendra/- U T