Dharm Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11591 of 2024 Arising Out of PS. Case No.-270 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== Dharm Prakash Singh S/O Gauri Shankar R/O Village- Rampur Parori, Banchauri, P.S- Dumra, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 379/34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner, who is in-charge of Kamaldah Cement Godown, is that he has sold 500 bags cement with the help of another persons and in this way a loss of Rs. 1,80,000/- was caused to the company and after physical verification of Godown, this fact came to the knowledge of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.11591 of 2024(2) dt.12-03-2024 2/2 specific rather general and omnibus in nature. He submits that the petitioner was working regularly three months in Kaushalya Logistic but not payment has been given by the informant and when the petitioner demanded the same, he has been falsely implicated in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, arguments of the parties and perusal of the records, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bathnaha P.S. Case No. 270 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T