Allowed

Santosh Kumar Rai @ Santosh Kr. Rai v. The State Of Bihar Through The District Manager, State Food And Civil Supplies Corporation Ltd. Kai

Patna HC29 Aug 2016CR. MISC./29257/2016

Case brief

AI extract

What is this about?

Single judge order granting anticipatory bail to a rice miller accused of misappropriating government paddy, subject to surrender, monetary bail bonds, and staged payment deposits towards the alleged defalcated amount.

What did the court decide?

Bail granted subject to surrender within four weeks, bail bond of Rs. 10,000 with sureties, and payment of 20% of the defalcated amount followed by further 15% installments.

Santosh Kumar Rai @ Santosh Kr. Rai Vs The State Of Bihar Through… — Corruption | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29257 of 2016

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Arising Out of PS.Case No. -287 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Santosh Kumar Rai @ Santosh Kr. Rai, son of Manik Chand Rai, R/O Village-Bhurkur, P.O. and P.S. Mohania, District-Kaimur. .... .... Petitioner Versus The State of Bihar Through The District Manager, State Food And Civil Supplies Corporation Ltd. Kaimur .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Ravi Shankar Sahay, Advocate For the Opposite Party : Mr. Aditya Prakash Sahay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 2 29-08-2016 Heard the counsel for the petitioner and Mr. Aditya Prakash Sahay, learned counsel for the APP. Petitioner is the rice miller. The Bihar State Civil Supplies Corporation under agreement provided 187.00 quintals of paddy. Petitioner was required to custom mill the paddy and provide 1876.00 quintals of Custom Mills Rice (CMR) to the informant. The allegation is that the petitioner only supplied 538.00 quintals of CMR and misappropriated the remaining quantity of CMR quantified at Rs.2897519.28.

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The contention of the petitioner is that under the agreement the corporation was required to lift the CMR within the time frame. There is lapses on the part of the corporation. The transportation charge incurred by the petitioner has not been

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Patna High Court Cr.Misc. No.29257 of 2016 (2) dt.29-08-2016

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adjusted. In order to realize the amount, the corporation has also instituted a certificate proceeding. In order to obtain the privilege of anticipatory bail, the petitioner would be ready and willing to pay certain percentage of the defalcated amount as reflected in the FIR as directed by the Court. It is stated that in identical circumstances, the other rice mill owners have been granted privilege of anticipatory bail.

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Mr. Sahay while opposing the prayer has submitted that it is a clear case of misappropriation of huge government amount. Petitioner is also facing proceeding under the Public Demand Recovery Act.

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Considering the facts and circumstances of the case particularly the stand taken by the petitioner, I am inclined to grant the privilege of anticipatory bail in favour of the petitioner. The bail application is disposed of by the following order.

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Let the petitioner surrender within four weeks and before the Court of learned CJM, Bhabua in connection with Mohania P.S.Case No.287 of 2016 whereafter he shall be released provisionally on bail for a period of five months therefrom on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each. Along with the bail bond, the petitioner shall produce payment/deposit of 20% of the defalcated

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Patna High Court Cr.Misc. No.29257 of 2016 (2) dt.29-08-2016

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amount as reflected in the FIR in favour of the competent/appropriate authority of the Bihar State Food and Civil Supply Corporation. Before expiry of the period of provisional bail, the petitioner shall approach the Court and produce payment of another instalements of 15% of the defalcated amount as reflected in the FIR whereafter the court below shall confirm the bail bond of the petitioner. One of the bailors shall be close family member.

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(Kishore Kumar Mandal, J)

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B.Kr./-

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U T

Santosh Kumar Rai @ Santosh Kr. Rai v. The State Of Bihar Through The District Manager, State Food And Civil Supplies Corporation Ltd. Kai

Case brief

What is this about?

What did the court decide?

Santosh Kumar Rai @ Santosh Kr. Rai v. The State Of Bihar Through The District Manager, State Food And Civil Supplies Corporation Ltd. Kai

Case brief

What is this about?

What did the court decide?

What the court decided

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