(1.) Both the anticipatory bail applications are heard together as they arise out of same F.I.R. i.e. Mehrama P.S. Case No. 132 of 2016, corresponding to G.R. No. 1536 of 2016, registered under Sections 406, 409 & 420 of the I.P.C., lodged on the basis of one written report given by one Amar Bhushan Kranti, District Cooperative Officer, Godda alleging therein that in the Kharif Marketing Season 2015-16, 44 PACS / LAMPS of Godda district was selected in order to purchase paddy and out of which Rs. 7,25,00,000/- was made available for 37 PACS / LAMPS and they have to purchase 51418.20 quintals of paddy and was to be sent to the rice mill on 30.10.2016. The Kharif Marketing Season 2015-16 have been closed on 31.10.2016. It appears that only 33737.33 quintals of paddy were sent to the rice mills worth Rs. 4,75,63,905.30 and remaining 17684.87 quintals paddy was not sent to rice mill and the value of the said quantity of paddy was Rs. 2,49,35,667/-. It is alleged that from Kirtidhawla PACS of Mehrama, Rs. 13,59,522/- was to be realized and Rudra Pratap Singh (Petitioner in A.B.A. No. 1211 of 2017) is the President of PACS and Dilip Kumar Singh (petitioner in A.B.A. No. 1546 of 2017) is the Secretary. It is alleged that the aforesaid persons have not deposited Rs. 13,59,522/- in the account of Jharkhand State Food Corporation, Sahibganj.
(2.) Learned counsel for the petitioner Rudra Pratap Singh in A.B.A. No. 1211 of 2017 while pressing the anticipatory bail application has submitted that no case under Sections 406, 409, 420 of the I.P.C. is made out, as the petitioner is the Chairman of Kirtidhawla PACS and only the Secretary of the Society, who is the Chief Executive Officer of the Society, is responsible for the day-to-day affairs of the Society. It is further submitted that petitioner Kirti Dhaula PACS has received a sum of Rs. 23 lacs from the Jharkhand State Food Corporation Ltd. for procurement of paddy during Kharif Marketing Season 2015-16. Out of which Rs. 22,75,227/- was spent for purchase of 1638.03 Quintals of paddy and payment was made to farmers and Rs. 24, 222/- is left with the Society.
(3.) It is alleged that the petitioner transported the paddy to the rice mill in three installments. First Installment of 408.20 Quintals was transported and in second and third installments, 361.90 Quintals and 327.50 Quintals respectively were transported and the total value of 1017.60 Quintals of paddy comes to Rs. 14,34,816/- @ Rs. 1410/- per quintal and it is further submitted that 620.43 Quintals paddy remained with the PACS, the value of which was Rs. 8,74,806.30. Learned counsel for the petitioner further submitted that if court directs to add the amount of Rs. 24,222/-, total amount comes to Rs. 8,99,028.30, out of which both the petitioners have deposited Rs. 3,70,000/- with the office of District Cooperative Officer, Godda, so only Rs. 5,29,028.30 remains with them. So, there is no defalcation.