Nirmal Kumar Nirala v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35617 of 2017 Arising Out of PS.Case No. -3 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Nirmal Kumar Nirala Son of Ramji Yadav Resident of Village - Indarba, P.S.- Sour Bazar, District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Saharsa.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420/406/409/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the main role in purchase of paddy was assigned to one Anmol Yadav who is co-accused in the present case and was the Ex-President of the PACS who had defalcated the amount and it was he who had executed written agreement with the society, but without purchasing the paddy made payment to the farmers. As such, the petitioner is not connected in any way to the commission of the offence.

Having heard learned counsel for the petitioner and learned

Patna High Court Cr.Misc. No.35617 of 2017 (2) dt.11-08-2017 P2/2 counsel for the State and taking into consideration the fact that the petitioner has no criminal antecedent, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 3/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T