Mithilesh Kumar @ Mithilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24403 of 2018 Arising Out of PS. Case No.-12 Year-2018 Thana- AMNAUR District- Saran ====================================================== Mithilesh Kumar @ Mithilesh Kumar Singh, Son of Late Sheojee Singh, Resident of Village- Ram Nagar Diara, P.S.- Athmalgola, Bar District- Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party :

Smt Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Amnour P.S. Case No. 12 of 2018, registered for the offences punishable under Sections 419, 420, 467, 468, 120-B of the Indian Penal Code.

Allegedly, the petitioner being Assistant Manager of Amnour Godown after making forged signature of the informant lifted 57 quintals and 50 Kgs rice without any knowledge of the informant.

Submission is of false implication and that when the said rice was seized in connection with Taraiya P.S. Case

Patna High Court Cr.Misc. No.24403 of 2018(2) dt.26-04-2018 2/3 No. 15 of 2018 on 09.01.2018 then this case has been filed after six days. The petitioner is a public servant and has been made accused only with a view to defame him. However, he is ready to deposit Rs. 1,50,000/-, the price of the alleged lifted rice in the Nazarat of the learned Court below and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that in case the petitioner deposits the said amount through Bank Draft in the Court of Assistant Chief Judicial Magistrate,-5th Saran, Chapra, then lenient view can be taken.

In the facts and circumstances as stated above, in case if the petitioner deposits Rs. 1,50,000/- through Bank Draft payable to Assistant Chief Judicial Magistrate-5th, Saran at Chapra within one month then in the event of his arrest or surrender he shall 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 learned Assistant Chief Judicial Magistrate, 5th Saran, Chapra, in connection with Amnour P.S. Case No. 12 of 2018, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

The said amount thereafter will be deposited in fix deposit and that will be subject to result of the case.

Patna High Court Cr.Misc. No.24403 of 2018(2) dt.26-04-2018 3/3 In the meantime, no coercive step shall be taken against the petitioner.

(Jitendra Mohan Sharma, J.) Rajiv/- U