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Patna High CourtCR. MISC./16749/2017disposed

Gaurav Kumar v. State Of Bihar And ANR

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16749 of 2017 Arising Out of PS.Case No. -266 Year- 2016 Thana -DUMRA District- SITAMARHI ====================================================== Gaurav Kumar S/o Late Bhushan Sharma, Resident of VillageShahdullahpur, P.S. Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Food Corporation, Sitamarhi.

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

For the Petitioner/s : Mr. Dinesh Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar -2, App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 420, 409, 467, 468 and 471/34 of the Indian Penal Code.

Prosecution case is that petitioner is an I.T. Manager of District Food Corporation, Sitamarhi, and Assistant Accounts Officer, District Food Corporation, Sitamarhi, on the basis of computerized report of District Manager, S.F.C. Sitamarhi, has alleged that 624.82 quintals of wheat and 937.23 quintals of rice were sanctioned in the name of twelve dealers but the same were not lifted by them but the I.T. Manager issued store issue orders, on which the other co-accused put their signatures and after enquiry F.I.R. was instituted.

Heard learned counsel for the petitioner.

Patna High Court Cr.Misc. No.16749 of 2017 (2) dt.13-04-2017 2/2 It has been submitted on behalf of the petitioner that he has no role in the alleged occurrence and other co-accused has been granted anticipatory bail by a Bench of this Court. No case is made out under Sections 471 and 467 and other allied Sections of the Indian Penal Code.

Heard learned A.P.P. also.

Considering the facts and circumstances of the case, it is not a fit case for grant of anticipatory bail rather petitioner may surrender in the court below, i.e., learned C.J.M., Sitamarhi, in connection with Dumra P. S. Case no. 266 of 2016 and make prayer for regular bail which will be considered on its own merit and also on the basis of materials available on record and will pass an appropriate order preferably on the same day without being prejudiced by the order of this Court.

This application stands disposed of.

(Vinod Kumar Sinha, J) sudip/- U T