Deepak Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27964 of 2018 Arising Out of PS. Case No.-33 Year-2015 Thana- ARARIA District- Araria ====================================================== Deepak Kumar Sah S/o Harish Chandra Prasad Sah, R/o Vill.- Krishnapuri, Kaliflower Mill, P.S.- Khajanchi Hat, District- Purnea, Bihar. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, the Bihar State Food and Civil Supplies, Corporation Limited, Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Araria P.S. Case No. 33 of 2015, registered under Sections 406/409/420/120B/34 of the Indian Penal Code. Allegation in brief is that this petitioner entered into an agreement which S.F.C for the financial year 2013-14 and had taken paddy worth Rs. 9 crores and odd amount but no C.M.R rice was deposited to S.F.C.

Learned counsel for the petitioner submits that this petitioner was pawn in the hand of Brajesh Kumar and Brajesh Kumar had been admitted to anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 33215 of 2015 on

Patna High Court Cr.Misc. No.27964 of 2018(2) dt.09-05-2018 2/2 17.08.2015, however, there is an agreement in between the petitioner, claming himself a rice mill owner, and the S.F.C. Having considered the aforesaid facts and circumstances and the nature of offence, the prayer of bail of the petitioner is rejected in connection with Araria P.S. Case No. 33 of 2015, pending in the court of learned C.J.M., Araria. (Arun Kumar, J) S.KUMAR/- U T