In a bail application regarding cheating and criminal breach of trust, the High Court allowed the petitioner's plea, directing his enlargement on bail subject to furnishing a bond of Rs. 20,000 and two sureties to remain present in court.
Enlargement on bail upon furnishing a bond of Rs. 20,000 with two sureties of like amount.
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.61334 of 2023
Arising Out of PS. Case No.-170 Year-2022 Thana- RAGHOPUR District- Supaul
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Anmol Kumar Son Of Krishnadev Mehta Resident Of Village- Dumari, Police Station- Karjan, District- Supaul
... ... Petitioner/s
... ... Opposite Party/s
======================================================
Appearance : For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP For FCI : Mr. Parbhakar Tekriwal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.
2 . Heard learned counsel for the petitioner and learned counsel for FCI as well as learned A.P.P for the State.
3 . The petitioner has preferred this application for grant of regular bail in connection with Raghopur P.S. Case No. 170 of 2022 dated 27.04.2022 registered for the offences punishable u/ss 420 and 409 read with section 34 of the Indian Penal Code.
4 . As per the prosecution case, a joint inspection was held at the godown situated at F.C.I., ARDC, Raghopur on
Patna High Court CR. MISC. No.61334 of 2023(2) dt.12-09-2023 2/3
19.02.2022 by the Divisional Manager, F.C.I., Saharsa and other officials and upon inspection only 320 bags of wheat food grains were found instead of total stock mentioned as 2187 bags. It is alleged that the Manager (Quality Control), F.C.I., ARDC, Raghopur, namely, Pradeep Kumar Singh, who was InCharge of the said godown, had embezzled the food grains amounting to a sum of Rs. 1,12,32,490/-, in connivance with other officials posted at the said place including the petitioner.
5 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is a very junior employee who was posted as Assistant-II class (Dipo), F.C.I., ARDC, Raghopur. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused, Pradeep Kumar Singh who was the In-Charge of the said godown has already been granted bail by the co-ordinate bench of this court vide order dated 09.12.2022 passed in Cr. Misc. No. 50175 of 2022. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.05.2023.
6 . Learned counsel for FCI as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Patna High Court CR. MISC. No.61334 of 2023(2) dt.12-09-2023 3/3
7 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Birpur, Supaul in connection with Raghopur P.S. Case No. 170 of 2022 , with the condition/s:-
( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
2 issues framed by the court
Whether to grant bail to the petitioner charged with criminal breach of trust and cheating in an FCI case.
Whether the petitioner should be enlarged on bail subject to furnishing a bond and sureties.
Colour shows how this judgement treated each authority
Cr. Misc. No. 50175 of 2022Referred¶20
1 provisions across 1 enactments
Anmol Kumar Son Of Krishnadev Mehta
The State Of Bihar
F.C.I., D.O. Saharsha
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
