Pravin Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34535 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Pravin Kumar Srivastava Son of Ram Chandra Prasad Verma R/o Dahiyawa P.S Chapra Town, District Chapra, Incharge of Vijayeepur Dhan Purchase Centre cum Auditor District Co-operative Officer, Gopalganj, District Gopalganj .

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. Sri Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2016 Heard Sri Rakesh Kumar Tiwary, learned counsel for the petitioner, Sri Lalan Kumar, learned A.P.P. as well as Sri Dhananjay Nath Tiwary, learned counsel who has voluntarily appeared on behalf of the informant.

The sole petitioner who is an official of the B.S.F.C. has approached this court for grant of bail apprehending his arrest in Vijayeepur P.S. Case No. 79 of 2016 registered for the offence under section 419/420/ 406 of the Indian Penal Code. It was submitted by learned counsel for the petitioner that informant in the capacity of representative of a rice miller has lodged the present F.I.R. maliciously as per instance of the rice miller. He submits that in the F.I.R. itself it has been disclosed that petitioner has received paddy but it has been alleged that on

Patna High Court Cr.Misc. No.34535 of 2016 (2) dt.08-09-2016 2/2 false pretext signature of the informant was obtained by the petitioner and thereafter it has allegedly never been supplied. He submits that it appears that to avoid criminal prosecution the rice miller has falsely fabricated the present case. Learned counsel for the informant opposing the prayer submits that the petitioner himself has admitted before the investigating officer that he had not handed over paddy to the tune of 1100 quintal to the informant.

In view of the nature of accusation and the fact that F.I.R. has been lodged as per instance of the rice miller against the officer of the B.S.F.C. , the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Pravin Kumar Srivastava be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj / concerned court in connection with Vijayeepur P.S. Case No. 79 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T