Patna High Court - Orders
Lal Babu Ram @ Ram Babu Ram vs State Of Bihar & Anr on 3 November, 2015
Author: Vikash Jain
Bench: Vikash Jain
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50186 of 2015
Arising Out of PS.Case No. -168 Year- 2015 Thana -MAHNAR District- VAISHALI (HAJIPUR)
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Lal Babu Ram @ Ram Babu Ram Son of Sri Rajendra Ram Resident of
village - Unhchak, Police Station - Dighwara, District - Saran, Presently
Posted as Block Agriculture officer, Mahnar, Vaishali at Hajipur
.... .... Petitioner
Versus
1. The State of Bihar
2. The District Manager, Bihar State Food & Civil Supplies Corporation
Ltd. Vaishali
.... .... Opposite Parties
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Appearance :
For the Petitioner : Mr. Bindhyachal Singh, Advocate
For the BSFC : Mr. Shailendra Kumar Singh, Advocate
Mrs. Neeta Singh, Advocate
For the State : APP
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
2 03-11-2015Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 409 of the Indian Penal Code and Section 7 of the E.C. Act registered in connection with Mahnar P.S. Case No. 168 of 2015.
3. It is submitted that the petitioner being the Block Agriculture Officer, Mahnar has been falsely implicated and in any event the shortage of paddy was well within the tolerance limit of 17% in terms of Food and Consumer Protection Department's letter No. 7714 dated 06.12.2013 Patna High Court Cr.Misc. No.50186 of 2015 (2) dt.03-11-2015 2 (Annexure-2). In the instant case shortage of only about 667.42 quintals was found as against 3953.60 quintals of paddy purchased by the farmers.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No. 168 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Vikash Jain, J)
Chandran
U T