Sanjeev Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19191 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -RAJAUN District- BANKA ====================================================== Sanjeev Kumar Singh son of late Bindeshwari Prasad Singh resident of village/mohalla - Rajoun, p.s. - Rajoun, Distt - Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The D.M. The Bihar State Food Corporation, Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mr. Ahmad Ali(App) For BSFC : Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Rajoun P.S.Case No. 68/2016, disclosing offences under sections 406/34 of the Indian Penal Code.

There are two persons named in the First Information Report. The petitioner, at the relevant point of time, was posted as Agriculture Coordinator, whereas co-accused Om Prakash was posted as Block Co-operative Extension Officer cum In-charge of purchase centre, Rajoun. It is alleged that they had purchased 83,114.80 quintals of paddy and they supplied to the millers 82,663.60 quintals of paddy. Rest i.e. 451.20 quintals of paddy, it is alleged against them, have been misappropriated.

Patna High Court Cr.Misc. No.19191 of 2016 (2) dt.16-05-2016 It appears that co-accused Om Prakash has been granted anticipatory bail by this Court vide order dated 8.10.2015 passed in Cr.Misc.No. 29922/2015. There is no such allegation against the petitioner, which can distinguish his case from that of the coaccused Om Prakash. This application is, accordingly, allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the Chief Judicial Magistrate, Banka in Rajoun P.S.Case No. 68/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U