Sunil Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47593 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sunil Kumar Jha, Son of Ugrasen Jha, Resident of Village - Bangaon, P.s. - Bengaon, District - Saharsa.

....... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate For the Opposite Party : Mr. Mukesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-11-2015 This is an application for grant of regular bail in favour of the petitioner who is an accused in connection with Raxaul PS Case No. 28 of 2014 registered for the alleged offence under Section 409 of the Indian Penal Code.

The petitioner is in custody since 7.4.2015. He was, at the relevant point of time, working as Assistant Centre Incharge of Bihar State Warehousing Corporation, Godown No. 3, at Raxaul, where shortage of nearly 4000 quintals of food grains was detected, leading to institution of the FIR against him. The shortage was detected in course of inspection conducted by the Regional Manager of the Corporation.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that allegations against him are based on documents only. Since charge-sheet has already been submitted

Patna High Court Cr.Misc. No.47593 of 2015 (2) dt.04-11-2015 2/2 against the petitioner, based on such documents, there would be no chance of tampering by the petitioner, with the evidence. He accordingly submits that no purpose would be served, if the petitioner is compelled to remain in jail any further. Considering the submission as above, this application is allowed.

Let the petitioner above named, 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 Sub Divisional Judicial Magistrate, Raxaul in Raxaul PS Case No.28 of 2014.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T