Kumar Chitransh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33235 of 2016 Arising Out of PS.Case No. -32 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Kumar Chitransh, son of Bidya Bhushan Srivastava @ Bidya Bhushan Sinha, resident of Mohalla Jaiprakash Nagar, P.S. Siwan Town, district Siwan .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Kumar, Adv. For the Opposite Party : Mr. Ramesh Chandra, APP54 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 409, 506, 380 and 34 of the Indian Penal Code.

Informant was District Manager of the Food Corporation of India, Siwan. He was deputed somewhere else. He made over charge of the key etcetera to this petitioner of the said godown in between 15th October, 2012, to 26th October, 2012. When the informant returned back, he found that huge quantity of paddy was missing thereafter he informed to the superior officers that there is likelihood that informant would be implicated on the charge of defalcation which was done by the petitioner. Submission of the petitioner is that the first information report was lodged after one year of the joining of the informant and there is no material in the case diary specially any document to support that how much paddy was there in the godown when the petitioner took over the charge and how much paddy was there on the date the petitioner made over the charge. More over, there is no inventory prepared by the

Patna High Court Cr.Misc. No.33235 of 2016 (4) dt.19-12-2016 informant at the time of taking over of the charge nor there is explanation of delay in lodging of the case.

Learned Additional Public Prosecutor submits that besides oral evidence of some witnesses, no document has been collected during the investigation.

Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Siwan (Muffasil) P.S. Case No. 32 of 2014 to the satisfaction of the Chief Judicial Magistrate, Siwan, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √