Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10258 of 2020 Arising Out of PS. Case No.-14 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== RAKESH KUMAR Son of Sri Mathura Prasad Singh Resident of VillageMasaurhi Kala, Masaurhi, Makhmilpur, P.S.-Paliganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code.

The prosecution story as lodged by the informant is that the petitioner collected price in excess of prescribed price from customers while supplying sand to them (customers) and did not reply the show cause sought.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that none of the customers has given a single complaint against the petitioner regarding taking of excess

Patna High Court CR. MISC. No.10258 of 2020(2) dt.02-07-2020 2/2 amount. He submits that after getting the knowledge of the case, the petitioner gave an applciation before the General Manager, Bighar State Mines Development Corporation upon which the Officer concerned conducted inquiry and after proper inquiry, the Officer submitted its report stating that none of the customer had given excess amount and to support the contention. In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Rani Talab Police Station Case No. 14 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) devendra/- U T