Md. Rakki Ahmad @ Md. Rafi Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22363 of 2017 Arising out of P.S. Case No.-25 Year-2017 ThanaBAKHTIARPUR District- Saharsa =============================================== Md. Rakki Ahmad @ Md. Rafi Ahmad S/o- Mojibuddin, Resident of Village- Bhada, P.S.- Sour Bazar, District- Saharsa, Saharsa Rice Mill, Chikni Chowk, Sour Bazar, P.S. Sour Bazar, DistrictSaharsa. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kamal Kishore Singh, S/o Sri Ganesh Prasad Singh, R/o Village-Sardiha, P.S.-Bakhtiyarpur, District-Saharsa.

3. Bihar State Food Corporation through the District Manager, Saharsa. ... ... Opposite Party/s =============================================== Appearance :

For the Petitioner/s : Mr. Nafisuzzoha, Adv. For the Opposite Party/s: Mr. Pramod Mishra, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 120B and 506/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that the petitioner is innocent and has not committed any offence. In fact, the petitioner was not the owner of Saharsa Rice Mill. In fact he was given power of attorney for one month by his son who happens to be owner of Saharsa Rice Mill and, as such, he has been falsely implicated in this matter. It is further contended

Patna High Court Cr.Misc. No.22363 of 2017(5) dt.19-09-2017 2/2 that entire CMR has already been deposited by the son of the petitioner in the godown of the State Food Corporation Saharsa, which is evident from Annexure-3. Lastly, it is urged on behalf of the petitioner that the son of the petitioner namely Md. Nakib Alam @ Nakib Alam who happens to be the owner of the Saharsa Rice Mill has already been granted bail by a Coordinate Bench of this Court vide order dated 21.08.2017 passed in Cr. Misc. No. 36663 of 2017.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Bakhtiarpur P.S. Case No. 25/2017, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa or his successor subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) Vikash/- U T