Allowed

Virendra Kumar Rai @ Birendra Kumar Rai v. State Of Bihar and Anr.

Patna HC21 Feb 2018CR. MISC./20777/2017

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to an retired employee deputed for food-grains distribution accused of defalcation. Bail was subject to surrender within four weeks, furnishing bonds, and a no-transfer condition on household property.

What did the court decide?

Petitioner released on anticipatory bail subject to surrender within four weeks, furnishing bail bonds, and not transferring household property.

Virendra Kumar Rai @ Birendra Kumar Rai Vs State Of Bihar and Anr. — Corruption | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20777 of 2017

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Arising Out of PS.Case No. -13 Year- 2017 Thana -CHAND District- BHABHUA (KAIMUR)

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======================================================

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Virendra Kumar Rai @ Birendra Kumar Rai S/o- late Rajendra Rai Resident of Village- Bodarhi,P.S. Dawat, District- Rohtas.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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The District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Kaimur P.O. & P.S. Kaimur, District- Kaimur at Bhabhua.

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

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====================================================== Appearance : For the Petitioner/s : Mr. R.S. Pradhan, Sr. Advocate, Mr. Jainendra Kumar For the State : Mr. Nargish Tanti, APP For the BSFC : Mr. Nirmal Kumar, Mr. Alok Ranjan. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER

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7 21-02-2018 Heard learned counsel for the petitioner and learned counsel for the State as well as the Corporation.

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The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 188, 406, 409, 420, 467, 468 and 120(a)/34 of the Indian Penal Code.

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Allegation has been made that after retirement the petitioner was engaged on contract basis and he was deputed for distribution of food-grains. It has been alleged that he along with others have committed fraud and defalcated huge amount of Rs.1,89,85,500.20/-.

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Learned counsel for the petitioner submits that as per

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Patna High Court Cr.Misc. No.20777 of 2017 (7) dt.21-02-2018

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direction he has distributed the food-grains, time to time enquiry was conducted and it was never reported to have committed any fraudulent act by the petitioner.

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Learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd. (hereinafter referred to as the Corporation) seriously disputed the statement made by the counsel for the petitioner and submitted that report that has been brought on record is not of during the period the petitioner has distributed the food-grains. He has drawn the attention of this Court to the enquiry report attached by the petitioner as P-4 which itself reflects that huge amount has allegedly been defalcated by the petitioner.

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Learned counsel for the petitioner further submits that a proceeding under Bihar and Orissa Public Demand Recovery Act has already been initiated for recovery of the said amount as well as he has also put under departmental proceeding. He has further submitted that petitioner has not committed any wrong in distribution of the food-grains.

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Taking into consideration the entire facts and circumstances, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Virendra Kumar Rai alias Birendra Kumar Rai, be released on anticipatory bail on

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Patna High Court Cr.Misc. No.20777 of 2017 (7) dt.21-02-2018

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furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Chand P.S. Case No.13 of 2017, subject to the condition as laid down under Section 438(2) of the Co0de of Criminal Procedure. Further condition is that retrial dues, if already not paid, will not be paid in his favour till the disposal of the criminal case and he will also give details of his property especially his house- hold property which has been situated at his native village and that will be treated to be first charge of the Corporation and collateral petitioner will not transfer or transact the same during pendency of the criminal case.

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(Shivaji Pandey, J)

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Vinay/-

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U T

Virendra Kumar Rai @ Birendra Kumar Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Virendra Kumar Rai @ Birendra Kumar Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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