Allowed

Kusheshwar Singh @ Kusheshwar Prasad Singh v. State Of Bihar and Anr.

Patna HC19 Dec 2016CR. MISC./48640/2016

Case brief

AI extract

What is this about?

Single judge order granting bail to a CHC Chairman accused of misappropriating paddy procurement funds. Bail granted on ₹10,000 bond with conditions for trial appearances.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties, appearing personally in trial; bail to be cancelled on failure to appear on two consecutive dates.

Kusheshwar Singh @ Kusheshwar Prasad Singh Vs State Of Bihar… — Cheque Dishonour | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.48640 of 2016

¶2

Arising Out of PS.Case No. -48 Year- 2016 Thana -KHUTAUNA District- MADHUBANI

¶3

====================================================== Kusheshwar Singh @ Kusheshwar Prasad Singh Son of Ram Lakhan Singh, Resident of Village- Jatahi, P.S.- Khutauna, District- Madhubani.

¶4

.... .... Petitioner/s

¶5

Versus

¶6

The State of Bihar.

¶7

The Bihar State Food & Civil Supplies Corporation Limited, Government of Bihar, Patna.

¶8

.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No 13 For the BSFC Mr. Shailendra Kumar Singh For the State Mr. M. Dayal, APP

¶9

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

¶10

2 19-12-2016 Heard the counsel for the petitioner and Mr. Dayal, learned APP for the State.

¶11

The petitioner being the Chairman of Chaturbhuj Piprahi Panchayat PACS is facing prosecution under sections 406 and 420 IPC vide Khutauna P.S. Case No. 48 of 2016 lodged by the Block Cooperative Officer alleging that during the paddy year 2015-16, the petitioner had acquired 2616.4 qunitals of paddy which was/were to be handed over to the designated rice mill who was to supply 1752.79 quintals of CMR to the Corporation. The entire paddy was supplied to the rice mill owner, who only supplied 1163.22 qunitals CMR till the date of lodging of the case. It is

¶12

Patna High Court Cr.Misc. No.48640 of 2016 (2) dt.19-12-2016

¶13

2/3

¶14

alleged that the petitioner misappropriated/embezzled the government funds by not supplying the deficient part of the CMR.

¶15

It has been submitted that under the agreement reached between the rice mill owner and the petitioner, the rice mill owner was to supply the CMR to the Corporation. Referring to the FIR as well as different receipts, it is submitted that whatever paddy the petitioner purchased was supplied to the rice mill owner. It is submitted that considering the above, a certificate proceeding initiated against the petitioner has been dropped. It is further submitted that in similar circumstance one Bhola Paswan facing similar allegation in another case has been granted the privilege of anticipatory bail by this Court vide order dated 06.12.2016 passed in Cr. Misc. No. 48571 of 2016.

¶16

Considering the facts and circumstances of the case, it is directed that in the event of arrest/surrender within four weeks from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Devesh Kumar, Judicial Magistrate, 1^st Class, Jhanjharpur in Khutauna P.S. Case No. 48 of 2016 corresponding to G.R. No. 1187 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. No sooner the charges are framed, the

¶17

Patna High Court Cr.Misc. No.48640 of 2016 (2) dt.19-12-2016

¶18

3/3

¶19

petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

¶20

(Kishore Kumar Mandal, J)

¶21

HR/-

¶22

U T

Kusheshwar Singh @ Kusheshwar Prasad Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Kusheshwar Singh @ Kusheshwar Prasad Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nasrin Beguam Vs The State Of Bihar, Through Principal Secretary, Home Department, Government Of Bihar, Patna and Or

Param Hans Tiwari Vs The State Of Bihar Through Director General Of Police, Bihar, Patna and Ors.

Nitish Kumar Vs The State Of Bihar

Shivasaray Singh Vs The State Of Bihar

Pappu Shrivastawa @ Ranjan Kumar Shrivastawa and Anr. Vs The State Of Bihar

Sunil Yadav Vs The State Of Bihar