Nitin Kishore Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15890 of 2024 Arising Out of PS. Case No.-45 Year-2020 Thana- PIPRA District- Supaul ====================================================== Nitin Kishore Bharti Son of Mr. Naval Kishor Prasad @ Nawal Kishor Prasad Sinha Resident of Baswan Bigha, P.S. Ben, District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Adv. Ajay Kumar Thakur Adv. Vaishnavi Singh Adv. Ritwik Thakur For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-04-2024 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for offence under Sections 407, 409, 420, 120(B) of the Indian Penal Code.
3. Allegation against this petitioner is that he, being incharge of Godown Manager at Supaul during the period from 2017-18 and 2018-19, in connivance with others misappropriated the government money to the tune of Rs. 64,72,528/-.
4. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. From perusal of F.I.R., it is evident that the truck loaded with fertilizers did not reach to different stores, as after forging the signature of receiving, the
Patna High Court CR. MISC. No.15890 of 2024(3) dt.19-04-2024 2/2 aforesaid fertilizers were sold in black-market. As a matter of fact, petitioner joined the said godown on 24.10.2018 and within few months of his joining, the present incident has occurred and therefore, the articles which were sold by his predecessor and said amount was never handed over to this petitioner, but in spite of that, petitioner was made responsible for that also. Similarly situated co-accused Sanjay Kumar has already been granted bail by a coordinate Bench of this Court, vide Cr. Misc. No.13609 of 2021dated 09-09-2021. Petitioner is in custody since 27.09.2023.
5. Learned A.P.P. for the State vehemently opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Pipra P.S. Case No. 45 of 2020. (Prabhat Kumar Singh, J) anay U T