Order granting anticipatory bail to Dinesh Shukla in a cheating case involving alleged embezzlement of paddy. The court held indulgencemerited given evidence of prior letters to authorities warning of malfeasance by millers.
Prayer for anticipatory bail allowed; petitioner released on bail upon furnishing bond of Rs. 10,000/- with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.51179 of 2017
Arising Out of PS.Case No. -117 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR)
| =================== Dinesh Shukla |
=================================== .... .... Petitioner/s Versus |
|---|---|
| State of Bihar & Anr =================== |
.... .... Opposite Party/s =================================== |
| Appearance : | |
| For the Petitioner/s | : Mr. Vinod Kumar Seth |
| For the Opposite Party/s =================== |
: Mr. Sri Amit Kumar Rakesh =================================== |
| CORAM: HONOURAB ORAL ORDER |
LE MR. JUSTICE SANJAY PRIYA |
Heard learned counsel for the petitioner and the State.
7 12-12-2017
The petitioner apprehends arrest in Bhagwanpur P.S. Case No. 117 of 2017 instituted for the offence under Sections-420, 419, 120(b) of the
Indian Penal Code.
Counsel for the petitioner has submitted that paddy which was received by this petitioner as PACS chairman were entrusted to two millers after entering into agreement which bears signature of the informant as well as the miller and this petitioner which has been annexed as Annexures-P/5, P/6 & P/7 but the millers did not deposit the said CMR to SFC and they have embezzled the said paddy which was received by this petitioner from the farmers. Thereafter, the SFC department released payment to the farmers concerned after verifying that paddy was received by this petitioner from the farmers.
Counsel for the petitioner has also drawn attention of the court towards P/8 , P/9 and P/10 which are letters written by this petitioner to District Cooperative Officer informing that millers are not depositing the
Patna High Court Cr.Misc. No.51179 of 2017 (7) dt.12-12-2017
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CMR and are attempting to embezzle the paddy and to take appropriate action against them. Letters written by the petitioner have been annexed by the petitioner. After writing those letters, the instant case has been filed by the informant against this petitioner.
Counter affidavit has been filed on behalf of BSFC but there is no specific denial of genuineness of these documents.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Bhagwanpur P.S. Case No. 117 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the 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.
(Sanjay Priya, J)
A.K.V./U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving alleged embezzlement of paddy and forgery.
Whether the petitioner's apprehension of arrest is well-founded based on prior conduct.
1 provisions across 1 enactments
Dinesh Shukla
State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
