Allowed

Kamakhya Narain Singh v. The State Of Bihar

Patna HC18 Dec 2017CR. MISC./47487/2017

Case brief

AI extract

What is this about?

Petitioner challenged anticipation of arrest in a case alleging misappropriation of paddy credit. Court granted anticipatory bail conditioned on surrender within six weeks and provision of sureties.

What did the court decide?

Prayer for anticipatory bail allowed. Petitioner to surrender within six weeks, furnish bail bond of Rs 10,000 with two sureties, and comply with court conditions.

Kamakhya Narain Singh Vs The State Of Bihar — Corruption | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47487 of 2017

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Arising Out of PS.Case No. -290 Year- 2016 Thana -DARBHANGA SADAR DistrictDARBHANGA

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Kamakhya Narain Singh, son of late Bhuneshwewr Singh, resident of village-Kheraje Sahpur, P.O.-Lal Shahpur, P.S.-Sadar (Mabbi OP), DistrictDarbhanga.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Bihar State Food Supply Corporation Ltd.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Smt. Asha Kumari, APP Mr. Sanjeev Kumar, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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6/ 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the BSFC.

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Counter Affidavit has been filed by the counsel for the BSFC. Let it be kept with the record.

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Petitioner apprehends his arrest in Sadar P.S. Case No.290 of 2016 instituted for the offence under Section(s) 409 Indian Penal Code.

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It is alleged in the written report that the petitioner, who was Chairman of Simra Nehalpur PACS, purchased 1220 quintal paddy. Vide letter no.3002 dated 04.12.2015 of Bihar State Cooperative Bank, he was allowed cash credit of Rs.6.12 lacs. As against the said strength of cash credit, petitioner has

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Patna High Court Cr.Misc. No.47487 of 2017 (6) dt.18-12-2017

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taken credit of Rs.5,92,623/- for purchasing paddy. The Collector, Darbhanga, during inspection of PACS had found purchase of paddy as was intimated under letter no.434 dated 04.07.2016 in which 1220 quintal paddy was found on verification. It is alleged that CMR of the paddy was to be supplied up to 30.06.2016, but the petitioner has not supplied CMR. It is further alleged that during enquiry paddy was not found in the godown, which shows that the petitioner has illegally withdrawn the amount, which amounts to misappropriation.

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Counsel for the BSFC was given time to file Counter Affidavit and intimate about the CMR to be supplied by the petitioner but no such information has been given by the BSFC in the Counter Affidavit filed today in Court. Counsel for the BSFC has submitted that he has no such instruction.

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Counsel for the petitioner has submitted that as per Annexure-3, paddy was given to the Rice Miller. From Annexure-3, it appears that 1220 quintal of paddy was given to the Rice Miller, but the aforesaid Rice Miller has not been made accused by the informant in this case.

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From the written report, it does not appear as to what quantity of the CMR was required to be deposited by this

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Patna High Court Cr.Misc. No.47487 of 2017 (6) dt.18-12-2017

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petitioner. Mere vague allegation has been levelled that CMR of 1220 quintal paddy was not deposited by the petitioner.

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In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sadar P.S. Case No.290 of 2016 , he shall be released on anticipatory bail on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties

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of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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JA/-

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U T

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Patna High Court Cr.Misc. No.47487 of 2017 (6) dt.18-12-2017

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Kamakhya Narain Singh v. The State Of Bihar

Case brief

What is this about?

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Kamakhya Narain Singh v. The State Of Bihar

Case brief

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