Patna High CourtCR. MISC./5540/2020allowed

Abhinash Kumar v. The State Of Bihar

2020-06-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5540 of 2020 Arising Out of PS. Case No.-509 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== Abhinash Kumar Son of Hirshikesh Kumar Resident of Village- Chechaul, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pratap Sharma For the Opposite Party/s :

Mr.Parmeshwar Mehta For SFC :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as Shailendra Kumar Singh for SFC.

Petitioner is apprehending arrest in connection with Nathnagar P.S. Case No. 509 of 2019 for the offence under sections 409, 414, 34 of the Indian Penal Code and Section 7 of the E.C. Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent. He further submits that the allegation against the petitioner is that being the I.T. Assistant he has not informed the SFC about the loading of the food grains. Learned counsel submits that information was given on the same day at 3. P.M. and on the same day, FIR was lodged and allegedly due to delay in reporting the matter, the

Patna High Court CR. MISC. No.5540 of 2020(3) dt.30-06-2020 2/2 petitioner has been made accused.

In this case, similarly circumstanced co-accused have been granted bail by different coordinate Bench of this Court in Cr. Misc. No. 2202 of 2020 on 3.12.2019.

Considering the aforesaid, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Bhagalpur, in connection with Nathnagar P.S. Case No. 509 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T