Patna High CourtCR. MISC./15605/2016bail granted

Rahul Kumar v. State Of Bihar And ANR

2016-04-19Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.15605 of 2016 (2) dt.19-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15605 of 2016 Arising Out of PS.Case No. -216 Year- 2014 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Rahul Kumar Son of Dev Narayan Mandal Village - Pipra, Bijwar, Kankhudiya, P.S. - Palasi, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager Bihar State Food and Civil Supplies Corporation, Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 420 and 409/34 of the Indian Penal Code.

Petitioner was assistant-cum-godown in-charge at the relevant time and it is alleged that the petitioner as well as co- accused Aashutosh Kumar misappropriated near about Rs 38/- lakhs. Learned counsel for the petitioner submits that co- accused Aashutosh Kumar has already been granted privilege of anticipatory bail by a coordinate bench of this court subject to deposit of Rs 05/- lakhs and so far as the petitioner is concerned, petitioner had already deposited Rs 05/- lakhs prior to institution of the present case. It is further submitted that petitioner is in jail custody since 19.1.2016 and it was co- accused Aashutosh Kumar who being in-charge of purchase

Patna High Court Cr.Misc. No.15605 of 2016 (2) dt.19-04-2016 centre was responsible for any transaction.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that case of the petitioner is almost similar to the case of co- accused Aashutosh Kumar, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri S.K.Singh, Judicial Magistrate, Ist Class, Araria in Bhargama P.S. Case no. 216/2014.

shahid (Hemant Kumar Srivastava,J) U T