Krishna Mohan Singh @ Krishna Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34151 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Krishna Mohan Singh @ Krishna Mohan Kumar Son of Shiv Narayan Thakur Resident of village - Nanhkar ( Patahi ), P.S. Patahi, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwari, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2015 Heard both sides.

The petitioner apprehends his arrest in Patahi P.S. Case No. 101/2015, registered for the offences punishable under Sections 409, 421, 465, 466, 467, 468, 471, 477(A), 486, 487, 120(B) of the Indian Penal Code.

The Block Development Officer-cum-Block Supply Officer alleged that one tractor was intercepted on 21.06.2015 from which 100 bags of rice of BSFC godown, Patahi was recovered. The driver of the tractor disclosed that 300 bags of rice were kept in the house of Praduman Singh. During course of inspection of State Food Croporation godown 1165 bags of rice were found excess.

Patna High Court Cr.Misc. No.34151 of 2015 (4) dt.30-10-2015 2/2 It is submitted that the name of the petitioner figured in the case in the statement of the driver of the tractor and Praduman Singh from whose house 300 bags of rice were recovered. Nothing has been recovered from the possession of the petitioner. The petitioner is not at all related with the black-marketing of rice from the BSFC godown. Similarly situated co-accused Lalan Dwivedi who is a PDS dealer was granted anticipatory bail vide order passed in Cr. Misc. No. 33767/2015.

Considering the facts aforesaid and the fact that nothing has been recovered from the possession of the petitioner and the name of the petitioner figured in the case in the disclosure of the driver of the tractor and Praduman Singh, the PDS dealer, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, East Champaran, Motihari in connection with Patahi P.S. Case No. 101/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T