IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76284 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- RIGA District- Sitamarhi ====================================================== Jai Narain Singh @ Jay Narain Singh @ Jaynaryan Singh Son of Late Ramchandra Singh R/o- Teknvas Mahammadpur, P.O- Teknvas Sidhwalia, PS- Mahammadpur, District- Gopalganj, Bihar- 841423 ... ... Petitioner/s Versus 1. The State of Bihar 2. The District Manager, Bihar State Food @ Civil Supplies Corporation Ltd, Sitamarhi. Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP For the BSFC : Mr. Shailendra Kr. Singh, Advocate : Mr. Utkarsh Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 4 22-03-2025 Heard learned counsel for the petitioner as well as learned counsel for the Bihar State Food & Civil Supplies Corporation Limited and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Riga P.S. Case No. 142 of 2024 FIR dated 08.05.2024 under Section 406 and 420 of the Indian Penal Code. 3. The prosecution story is short is that in the presence of the Magistrate, deputed by the Sub-divisional Officer, physical verification of the godown was done in which deficit surfaced in the stock. It has been further alleged that the petitioner has misappropriated total 741.27.145 quintals of wheat and 3644.23.700 quintals of rice from TDPS Godown, Riga. Patna High Court CR. MISC. No.76284 of 2024(4) dt.22-03-2025 2/4 4. Learned counsel for the petitioner submits that District Manager, State Food Corporation, Sitamarhi has given a written complaint before the SHO, Riga Police Station on 08.05.2024 stating therein that a joint inspection team was constituted vide Memo No. 724 dated 04.05.2024 of the Office of District Manager SFC, Sitamarhi, who inspected the TPDS Godown of Riga on 06.05.2024 which was under control of the Jai Naryan Singh, Assistant Manager (petitioner). The inspection report suggests that it was found that there was difference of about 1480 bags of wheat weighing 741.27.145 quintals approximately and 7284 bags of rice weighing 3644.23.700 quintals. Learned counsel for the petitioner submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact, the petitioner is a retired Army personnel and after retirement he joined the Bihar State Food and Civil Supply Corporation Limited and served till his suspension (May 2024) in different districts without any allegation. Learned counsel for the petitioner submits that TPDS Godown used to inspected by the higher authority regularly and an annual inspection used to conduct in the month of March every year. In the present case, TPDS Godown was also inspected by the higher authority on 31.03.2024 and at that point of time every thing was found in Patna High Court CR. MISC. No.76284 of 2024(4) dt.22-03-2025 3/4 order. There were no allegation of misappropriation, but after one month of the said inspection so called inspection team, which was constituted vide Memo No. 724 dated 04.05.2024 inspected the Godown and came to a conclusion of a huge misappropriation in the Godown without accurate weighing of the foodgrains. 5. Learned APP for the State as well as learned counsel for the Bihar State Food & Civil Supplies Corporation opposed the anticipatory bail prayer of the petitioner and submitted that as per the stock register and physical verification in alleged TPDS Godown, the petitioner is liable to deposit an amount of Rs. 4,16,50,440/-(four crore sixteen lakh fifty thousand four hundred and fourty rupees) against the defalcated public foodgrains and the District Manager, SFC, Sitamarhi had issued a notice to the petitioner and directed him to deposit aforesaid amount against the defalcated public foodgrains amount against both the TPDS Godown and apart from that the petitioner is also accused in the Runisaidpur P.S. Case No. 148 of 2024 under Sections 406 and 409 of the Indian Penal Code and apart from that co-accused persons, namely, Akhil Kishore Prasad Singh, who happens to be the Assistant Manager, Danapur TPDS Godown, Bihar State Food Corporation on contractual basis and his bail application has been rejected by a Coordinate Bench of this Court vide order Patna High Court CR. MISC. No.76284 of 2024(4) dt.22-03-2025 4/4 dated 16.02.2023 in Cr. Misc. No. 52400 of 2021 and the anticipatory bail application of one co-accused person, namely, Alok Kumar, who is accused in connection with Bachhwara P.S. Case No. 335 of 2022 and Teghra P.S. Case No. 375 of 2022, who is also the Assistant Godown Manager, Bachhwara has also been rejected by Co-ordinate Bench of this Court vide order dated 02.11.2023 in Cr. Misc. No. 34538 of 2023 and in Cr. Misc. No. 34942 of 2023. 6. Considering the aforesaid facts as well as gravity of the offence and circumstances of the case, particularly the misappropriation of public money more than Rs. 4 crore. I am not inclined to grant the privilege of anticipatory bail to the petitioner. 7. Prayer is refused. Jyoti Kumari/- (Rajesh Kumar Verma, J.) U T