Sujeet Kumar Sonu v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34638 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Sujeet Kumar Sonu son of Sri Chandra Mani Prasad, Resident of villageBarhawan, Police Station -Chandi, District - Nalanda. At present posted as Block Statics Observer, Rajpur, P.S. Sanjhauli, District -Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Manager, State Food Corporation, Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 14-09-2016 Heard Sri Devendra Kumar Singh, learned counsel for the petitioner, Smt. Asha Devi, learned Additional Public Prosecutor and Miss Aishwarya Riti, learned counsel for the opposite party no. 2 /Bihar State Food & Civil Supplies Corporation.
The sole petitioner apprehending his arrest in Sanjhauli P.S. Case No. 15 of 2016 registered for the offence under section 409 and 420 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.
Patna High Court Cr.Misc. No.34638 of 2016 (3) dt.14-09-2016 2/3 It was submitted by Sri Devendra Kumar Singh, learned counsel for the petitioner that petitioner has falsely been implicated in the present case. He submits that petitioner who is employee of the Bihar State Food & Civil Supply Corporation was deputed as in-charge of the particular Sanjhauli purchase center and in the capacity of in-charge he was not required to be held responsible for any loss caused due to non availability of wheat in the godown. By way of referring to certain documents he submits that petitioner is entitled to be extended the privilege of anticipatory bail. He further submits that for the alleged amount besides the present criminal case a certificate proceeding has also been instituted against the petitioner.
Miss Aishwarya Riti, learned counsel appearing for the opposite party no. 2/ Bihar State Food & Civil Supply Corporation has vehemently opposed the prayer for grant of anticipatory bail. She submits that in the F.I.R. petitioner is the sole accused with specific accusation. She submits that F.I.R. was lodged after thorough enquiry in which it was noticed that Bihar State Food and Civil Supply Corporation suffered loss for more than Rs.12 lakhs.
Besides hearing learned counsel for the parties I have also perused the material available on record including the F.I.R.
Patna High Court Cr.Misc. No.34638 of 2016 (3) dt.14-09-2016 3/3 After going through the F.I.R. the court is satisfied that it is not a case for grant of privilege of anticipatory bail. The petitions stands dismissed.
(Rakesh Kumar, J) Praful/- U T