Kishori Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42356 of 2016 Arising Out of PS.Case No. -116 Year- 2016 Thana -BELDAUR District- KHAGARIA ======================================================

1. Kishori Bhagat Son of Late Khudran Bhagat resident of VillagePansalwa, Dumri Panchayat, Block- Beldaur, P.S.- Beldaur, DistrictKhagaria (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Mukund For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Beldaur Police Station Case No. 116 of 2016, disclosing offences under Section 420 of the Indian Penal Code.

The petitioner is a P.D.S. Dealer. It is alleged that he had drawn food grains for the purpose of sale through Public Distribution System up to May, 2016. Allegedly, he was found distributing food grains thereafter for the month of June, 2016.

Learned Counsel appearing on behalf of the petitioner has submitted that no offence under Section 420 of the Indian Penal Code is made out. It has also been

Patna High Court Cr.Misc. No.42356 of 2016 (2) dt.06-10-2016 2/2 submitted that no grievance has been raised by any beneficiary in relation to any irregularity committed by the petitioner in this regard.

Be that as it may, considering the nature of allegation, this application is allowed.

Let the petitioner, Kishori Bhagat, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P. C. Verma, learned Judicial Magistrate, 1st Class, Gogri, Khagaria, in connection with Beldaur Police Station Case No. 116 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √