Sanjay Kumar Jaiswal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7078 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================
1. Sanjay Kumar Jaiswal son of Kokan Jaiswal resident of Chandan Nagar, Gulabbag, P.S. Sadar, District : Purnia.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Bihar State Food & Civil Supplies Corporation Ltd., Patna through the District Manager, State Food Corporation, Purnea. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Deo Singh Mr. Sada Nand Roy For the BSFC :
Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.
This application is for grant of bail in connection with Purnea Sadar P.S.Case No.81 of 2016 for the offence under Sections 406, 409 and 420 of the Indian Penal Code. It is submitted on behalf of the petitioner that he has already deposited Rs.4,50,000/- and as per the petitioner, nothing is due with him and he is in custody since 18.12.2016. Heard learned counsel for the BSFC also, who has opposed the prayer for bail.
Having heard submission of the both parties, it appears that admittedly more than Rs.4,50,000/- has been deposited by the petitioner. In such view of the matter, if the petitioner is ready to
Patna High Court Cr.Misc. No.7078 of 2017 (2) dt.20-02-2017 2/2 deposit another Rs.2,50,000/- of the remaining amount of Rs.15,66,696/- by Bank Draft, he may be released on bail. Having heard both sides, on payment of that much amount, let the petitioner, above named, 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 C.J.M., Purnea in connection with Purnea Sadar P.S.Case No.81 of 2016 dated 28.08.2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U