Jitendra Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22183 of 2018 Arising Out of PS.Case No. -31 Year- 2018 Thana -SARMERA District- NALANDA (BIHARSHARIFF) ======================================================

1. Jitendra Kumar, Son of Lalit Prasad, Resident of Village-Karkayan, Police Station- Ghoshwari, District- Patna, at Present M/s. R.P. Enterprises, Biharsharif, Nalanda.

2. Chhotu Kumar, Son of Sri Lalit Prasad, Resident of Village-Karkayan, Police Station- Ghoshwari, District-Patna, at Present M/s. Sonam Enterprises, Biharsharif, Nalanda.

3. Ashok Kumar, Son of Sri Suresh Prasad, resident of Village- Bishunpur, Police Station- Bind, District- Nalanda, at Present M/s Agro Sales Agency, Biharsharif, Nalanda.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmikant Sharma, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-04-2018 Heard learned Senior Counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Sarmera P.S. Case No. 31 of 2018 registered under Sections 406, 409, 420 and 120-B of the Indian Penal Code.

Patna High Court Cr.Misc. No.22183 of 2018 (2) dt.26-04-2018 It is submitted that online applications of the farmers for purchase of agriculture equipments were sanctioned by the authority and after their sanction, the petitioners have supplied the respective agriculture equipments as per sanction order given by the authorities. Hence, there is no question of payment of subsidy being paid. It is further submitted that merely on a vague and general nature of allegation, the first information report has been instituted against the petitioners, who are petty businessmen having got no criminal antecedent and having got roots in the society, they are not likely to abscond or tamper with the evidence.

On the other hand, learned counsel for the State submitted that the complicity of the petitioners has also been found in course of preliminary inquiry conducted by the officers and, thus, they have also been named in the first information report.

Be that as it may, considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of

Patna High Court Cr.Misc. No.22183 of 2018 (2) dt.26-04-2018 the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Nalanda at Biharsharif in connection with Sarmera P.S. Case No. 31 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T