Bail application rejected in a trial for misappropriation of paddy worth Rs. 59 lakhs involving the petitioner as Chairman of PACS, due to the huge amount misappropriated.
Prayer for regular bail dismissed; trial directed to conclude within six months.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No. 8153 of 2019
Binod Kumar Singh, Son of Shiv Nandan Singh, Resident of Village – Bisunpur, P.O. & P.S.- Choupararan, District – Hazaribag.
…… Petitioner.
Versus The State of Jharkhand …… Opposite Party.
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CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
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For the Petitioner : Mr. Rajeev Ranjan Tiwary, Advocate For the State : Mr. Vinay Kumar Tiwary, A.P.P.
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04/Dated:11.10.2019 Heard learned counsel for the petitioner and learned
counsel for the State.
This is the second attempt for grant of regular bail in connection with Chouparan P.S. Case No. 29 of 2018, corresponding to G.R. Case No. 370 of 2018 for the offence under Sections 420, 406 & 409 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that after rejection of the first Bail Application of the petitioner by this Court on 01.03.2019 passed in B. A. No.9209 of 2018 the informant of the case namely, Bhutnath Mahto Cooperative Extension Officer, Chouparan has been examined as Prosecution Witness and he has submitted that he has no knowledge about the case rather he has lodged the case and has adduced the evidence as per the instruction, as such, the petitioner may be enlarged on bail, who is in custody since 12.08.2018.
Learned counsel for the State has opposed the prayer for bail and has submitted that it is case of misappropriation of paddy worth Rs.59,21,607.76, as the petitioner is the Chairman of the Jhapa PACS and has received the amount from the State Food Corporation but did not supply the paddy as such, petitioner may not be enlarged on bail. Learned counsel for the State has further submitted that it is a case where the examination of the Investigation Officer is necessary as he has collected all the materials for prosecution as such, petitioner does not deserve to be enlarged on bail.
Considering the rival submission of the parties, this Court is not inclined to grant bail to the petitioner as there is a huge misappropriation of Rs.59,21,607.76.
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The Superintendent of Police, Hazaribag is directed to look into the matter so as to conclude the Trial preferably within a period of six months from today.
( Kailash Prasad Deo, J.)
Jay/R.S
Binod Kumar Singh
The State of Jharkhand
Kailash Prasad Deo
As recorded by the court registry
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