Vijay Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9905 of 2019 Arising Out of PS. Case No.-53 Year-2015 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== VIJAY KUMAR SINGH, Son of Awadhesh Singh, Resident of Village - Alampur, P.S.- Vidyapati Nagar, District - Samastipur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Samastipur. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Mohan Mishra, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP For the BSFC : Mrs. Namrata Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and State and the BSFC.

The petitioner is in custody in connection with Vidyapti Nagar (Samastipur) P.S. Case No. 53 of 2015 (G.R. No. 268 of 2015) for the offence under Sections 403, 409, 420 of the Indian Penal Code and Section 7 of the EC Act. Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R. and his name transpired during course of supervision. He further submits that the police after investigation submitted charge-sheet. The petitioner is in custody since 12.09.2018.

Learned counsel appearing on behalf of BSFC submits that of course there is no material against the petitioner

Patna High Court Cr.Misc. No.9905 of 2019(2) dt.20-02-2019 2/2 and there is no whisper against this petitioner that he has committed any offence. She further submits that the name of the petitioner transpired during course of supervision that he entered into an agreement with the main accused and, therefore, he is also one of the conspirators in the offence.

The Court failed to understand as to how the prayer of the petitioner can be refused simply because his name surfaced on the basis of agreement between the main accused and the petitioner and there is no material to connect the petitioner in the instant case, particularly, after submission of the charge-sheet, the Court does not feel persuaded to decline the prayer of the petitioner for grant of bail.

In the peculiar facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Dalsingsarai, Samastipur in connection with Vidyapti Nagar (Samastipur) P.S. Case No. 53 of 2015 (G.R. No. 268 of 2015).

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