Allowed

Sarfaraj Sidhique @ Md. Sarfaraj Sidhique v. The State of Bihar

Patna HC25 Sept 2024CR. MISC./33175/2024

Case brief

AI extract

What is this about?

The High Court granted provisional anticipatory bail to petitioners accused of misappropriating paddy and funds, subject to the condition that they deposit a specified initial installment towards the alleged misappropriated amount before furnishing bail bonds and pay the balance in monthly installments.

What did the court decide?

Provisional anticipatory bail granted subject to deposit of Rs. 7,77,277/- as first installment before furnishing bail bond and paying balance in monthly installments.

Sarfaraj Sidhique @ Md. Sarfaraj Sidhique Vs The State of… — Cheating and Forgery | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33175 of 2024

¶2

Arising Out of PS. Case No.-283 Year-2023 Thana- PARIHAR District- Sitamarhi

¶3

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

¶4

Sarfaraj Sidhique @ Md. Sarfaraj Sidhique s/o Abdul Hadi(pacs president Parsa) resident of village indarwa, p.s. - parihar, dist- sitamarhi

¶5

INAMUL HAQUE @ MD. INAMUL HAQUE S/O RIJAUL HAQUE( PACS, MANAGER Parsa) resident of village indarwa, p.s. - parihar, dist- sitamarhi

¶6

... ... Petitioner/s

¶7

Versus

¶8

The State of Bihar bihar

¶9

THE UNION OF INDIA THROUGH THE FOOD CORPORATION OF INDIA INDIA

¶10

... ... Opposite Party/s

¶11

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Parmeshwar Mehta

¶12

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

¶13

4 25-09-2024 1. Heard the parties.

¶14

The petitioners apprehend their arrest in connection with Parihar P.S. Case No. 283 of 2023 dated 27.10.2023 registered under Sections 406, 409, 420 of the I.P.C.

¶15

As per the First Information Report lodged by the Cooperative Extension Officer, Parihar, the petitioners being the President and Manager of the Parsa PACS have obtained 4330 quintal of paddy from 49 farmers for the year 2022-2023 out of which rice against 1689 quintal of paddy has been supplied to

¶16

Patna High Court CR. MISC. No.33175 of 2024(4) dt.25-09-2024 2/3

¶17

the State Food Corporation, Sitamarhi till 30.09.2023 and the balance quantity of rice against 2641 quintal of paddy has not been supplied to the State Food Corporation, Sitamarhi. It has further been alleged that the petitioners misappropriated the amount of Rs. 54,53,665/- against the value of 2641 quintal of paddy.

¶18

Learned counsel for the petitioners submits that from perusal of the First Information Report Rs. 100,000/- has already been deposited by the petitioners and the balance amount remains at Rs. 5353665/-. Subsequently, the petitioners deposited a sum of Rs. 6,90,000/- to the State Food Corporation, Sitamarhi. The petitioners are ready to deposit the balance amount of Rs. 4663665/- against the total amount of Rs. 5353665/- within a period of six months from today in installments to the State Food Corporation, Sitamarhi.

¶19

Regard being had to the submission made by the parties, taking into consideration the fact that petitioners are ready to refund / deposit the balance amount Rs. 46,63,665/- to the State Food Corporation, Sitamarhi within a period of six months from today, I am inclined to grant provisional anticipatory bail to the petitioners subject to the condition that the petitioners shall show the proof of deposit of Rs. 7,77,277 /- as first installment

¶20

Patna High Court CR. MISC. No.33175 of 2024(4) dt.25-09-2024 3/3

¶21

at the time of furnishing of the bail bond.

¶22

Let the petitioners, above named, be released on provisional anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of J.M. 1^st Class, Sitamarhi in connection with Parihar P.S. Case No. 283 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶23

After deposit of the first installment of Rs. 7,77,277 /- at the time of furnishing of the bail bond, the rest amount of Rs. 38,86,388/- shall be paid to the State Food Corporation, Sitamarhi by way of equal monthly installment of Rs. 7,77,277 /- each within a period of five month, upon which, the provisional anticipatory bail granted to the petitioners shall be confirmed by the learned court below itself.

¶24

With the aforesaid observation and direction, the application is disposed of.

¶25

(Anil Kumar Sinha, J)

¶26

praful/-

¶27

U T

Sarfaraj Sidhique @ Md. Sarfaraj Sidhique v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sarfaraj Sidhique @ Md. Sarfaraj Sidhique v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Arvind Kumar Tiwary Vs The State Of Bihar and Ors.

Dharmendra Kumar Vs The State of Bihar

Md. Tohid Reza and Ors. Vs The State Of Bihar and Ors.

Rahul Kumar Vs The State Of Bihar

Sanjeev Kumar Vs The State of Bihar

Jitendra Kumar Asthana Vs The State of Bihar