Dismissed

Prahlad Singh v. State Of Bihar and Anr.

Patna HC31 Jul 2019CR. MISC./69242/2018

Case brief

AI extract

What is this about?

This oral order dismisses an application for anticipatory bail. The court notes the petitioner's apprehension of arrest in an IPC case involving embezzlement of public rice. The State opposed the bail, highlighting the large embezzled amount and lack of bond conditions.

What did the court decide?

The prayer for anticipatory bail of the petitioner in connection with the PS. Case No. 72 of 2015 is rejected.

Prahlad Singh Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69242 of 2018

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Arising Out of PS. Case No.-72 Year-2015 Thana- BIHRA District- Saharsa

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

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Prahlad Singh Son of late Dudheshwar Singh Resident of Mohalla- Adarsh Colony Club Road, P.S. Town District- Aurangabad.

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... ... Petitioner

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Versus

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State of Bihar

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The District Manager, S.F.C., Darbhanga.

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... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the BSFC : Mr. Shailendra Kumar Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER

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6 31-07-2019 Heard learned counsel for the petitioner and the State.

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The petitioner is apprehending his arrest in a case

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registered under Sections 406, 420 & 409 of the Indian Penal Code.

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Allegedly, the petitioner in collusion and conspiracy with the other accused misappropriated huge quantity of rice amounting to Rs. 3,88,14,783/-

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It has been submitted on behalf of the petitioner that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is Assistant Godown Manager. The petitioner is not named in the FIR. The name of this petitioner

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Patna High Court CR. MISC. No.69242 of 2018(6) dt.31-07-2019 2/3

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surfaced in this case in course of investigation. No offence is made out against the petitioner The Supervising Officer has found the petitioner to be innocent. He had no role to play in the alleged occurrence. It is further submitted that other co-accused have been granted bail vide Annexure-2 to this application.

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On behalf of the Bihar State Food & Civil Supplies Corporation Limited (O.P. No. 2 ) , it is submitted that the petitioner happens to be the Assistant Godown Manager. He was the custodian of the paddy/rice. In the entire transaction, Rs 3,88,14783/- has been embezzled by the accused persons including the petitioner. Though the other co-accused was granted bail by Annexure-2 to the present application but he was granted bail with a condition that he would deposit 20% of embezzled amount. In the present case, no such submission has been advanced on behalf of the petitioner. Hence he cannot claim that they stand on the same footing to that of other coaccused who was granted bail vide Annexure-2 to the present application. The details of vehicle which was entered by the petitioner for carrying the paddy, after verification the same was found to be of Suzuki Motorcycle.

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Considering the fact that huge amount of public money has been embezzled by the accused persons including

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Patna High Court CR. MISC. No.69242 of 2018(6) dt.31-07-2019 3/3

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the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner in connection with Bihra P.S. Case No. 72 of 2015 is rejected.

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(Sudhir Singh, J)

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A.K.V.//-

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U T

Prahlad Singh v. State Of Bihar and Anr.

Case brief

What is this about?

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Prahlad Singh v. State Of Bihar and Anr.

Case brief

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