Dharmendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4916 of 2020 Arising Out of PS. Case No.-26 Year-2017 Thana- KALER District- Jehanabad ====================================================== Dharmendra Kumar Son of Madan Prasad Resident of Village - Singhia Sagar Pipra, P.S.- Banjaria, District- East Champaran (Motihari) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s A.K.Thakur and Babita Kumari For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kaler P.S. Case No. 26/2017 registered for the offences punishable under Sections 406, 420, 409/34 of the Indian Penal Code.
Petitioner is not named in the first information report and impugned order goes to show that in course of investigation, it came to light that petitioner purchased two trucks rice from grain dealer, namely, Birendra Kumar. Submission on behalf of the petitioner is that even if the aforesaid fact assumed to be true, then also, petitioner happens to be bona fide purchaser as the petitioner has not purchased defalcated grain from any officers rather in routine manner, he purchased the grain in question from his grain
Patna High Court CR. MISC. No.4916 of 2020(2) dt.02-03-2020 2/2 dealer.
Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya/concerned court in Kaler P.S. Case No. 26/2017 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) Spd/- U T