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2025 DAILYLAW 26374 (CHH)

SHIV KUMAR PATEL v. STATE OF CHHATTISGARH

MCRCA/837/2025 · 2025-06-12

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Judgment text

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1 2025:CGHC:23853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 837 of 2025 Shiv Kumar Patel S/o Shri Babulal Patel Aged About 36 Years R/o Dabgaon Chowki Kanakbira, Thana - Sarangarh, District Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chattisgarh Through - The Station House Officer, Police Of Police Chowki - Kanakbeera, Police Station - Sarangarh, District Sarangarh-Bilaigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Manay Nath Thakur, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 13/06/2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.151/2025, registered at Police Chowki - Kanakbira, Police Station - Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 316(5) and 318(4) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The prosecution case in brief, is that on the instructions of the Collector, a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.16 11:45:39 +0530 2 five-member committee inspected the Paddy Purchase Center at Bohrabahal. They found that the applicants and other co-accused persons committed misappropriation of paddy (5071.60 quintals) worth Rs. 1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh. 3 Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the applicant is a computer operator in the Samiti and applicant’s work is to put data in computer as provided by the President of the Samiti. He has no role or work in physical collection of paddy. He further submits that the work is limited to put and maintain data as provided by higher officials. He further submitted that the applicant has no previous criminal antecedents. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State opposes the bail application and submits that the applicant and other co-accused persons are involved in misappropriation of paddy (5071.60quintals) worth Rs. 1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh. He further submits that the anticipatory bail application of the co-accused persons, namely, Nirankar Patel, Dileshwar Patel and Dilesh Vishwakarma have been rejected by this Court vide order dated 22.05.2025 and 12.06.2025 passed in MCRCA No. 767/2025, 807/2025 and 810/2025 respectively. Therefore, he is not entitled to be granted anticipatory bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the documents available, it appears that the applicants are involved in misappropriation of paddy (5071.60 3 quintals) worth Rs.1,57,21,960/- from the earmarked paddy procurement center at Boharabahal, Tahsil Sarangarh, District Sarangarh-Bilaigarh, further he anticipatory bail application of the co-accused persons, namely, Nirankar Patel, Dileshwar Patel and Dilesh Vishwakarma have been rejected by this Court vide order dated 22.05.2025 and 12.06.2025 passed in MCRCA No. 767/2025, 807/2025 and 810/2025 respectively as such, this Court deems it appropriate to reject the anticipatory bail of the present applicant. 7 Accordingly, the Anticipatory Bail application of applicant - Shiv Kumar Patel involved in Crime No.151/2025, registered at Police Chowki - Kanakbira, Police Station - Sarangarh, District Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 316(5) and 318(4) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- Sd/- ( (Ramesh Sinha) Chief Justice Preeti