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Patna High CourtCR. MISC./33590/2016bail granted

Krishna Menon v. State Of Bihar And ANR

2016-09-01Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33590 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Krishna Menon son of Late Shailendra Chaudhary, resident of village - Sanjhauli, P.O. - Sanjhauli, P.S. - Sanjhauli, District - Rohtas. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation, through its District Manager, Rohtas at Sasaram.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Adv. For the Opposite Parties : Mr. Sachin Kumar, Adv. For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner, learned counsel for the Bihar State Food and Civil Supplies Corporation and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420 and 406 of the Indian Penal Code registered in connection with Sanjhauli P.S. Case No. 35 of 2015.

3. It is submitted on behalf of the petitioner being a miller of paddy, that in view of the transaction arising from an agreement between the parties, no criminal case is made out against the petitioner. It is further submitted that in similar circumstances, this Court has directed grant of anticipatory bail in a number of cases, one such being Criminal Miscellaneous No. 25875 of 2015.

4. Learned counsel for the State as well as learned counsel for the Corporation appear and oppose the anticipatory bail petition.

Patna High Court Cr.Misc. No.33590 of 2016 (2) dt.01-09-2016 2/2

5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Sanjhauli P.S. Case No. 35 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the further condition that the petitioner shall deposit a sum of Rs. 50,000/- in the Court below within a period of four weeks from today and such deposit shall abide by the result of the case.

(Vikash Jain, J) Md. Ibrarul/BT U T