Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20139 of 2020 Arising Out of PS. Case No.-26 Year-2017 Thana- KALER District- Jehanabad ====================================================== Binod Kumar aged about 45 yrs, son of Late Ramji Prasad, resident of Mohalla- Kagji Mohalla, Police Station- Obra, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-08-2020 The office has pointed out some defects.

Learned counsel of the petitioner assures that the defects as pointed out by the office shall be removed when the court starts physical functioning.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner apprehends his arrest in connection with Kaler P.S. Case No. 26 of 2017 registered for the offences punishable under Sections 406, 420, 409/34 of the Indian Penal Code .

Admittedly, petitioner is a business man and his name came in course of investigation with allegation that the

Patna High Court CR. MISC. No.20139 of 2020(2) dt.18-08-2020 2/2 petitioner has handed over stolen rice to the millers. Submission on behalf of the petitioner is that coaccused Dharmendra Kumar and Ajay Kumar Sharma have already been granted privilege of anticipatory bail by a coordinate Bench of this Court and so far as petitioner is concerned, neither petitioner is employee of the PACS nor anything has been recovered from his conscious possession. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Gaya in Kaler P.S. Case No. 26 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T