Patna High CourtCR. MISC./54226/2017allowed

Narsingh Yadav v. The State Of Bihar

2017-12-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54226 of 2017 (3) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54226 of 2017 Arising Out of PS.Case No. -246 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Narsingh Yadav Son of Shiv Murat Yadav Resident of village- Bahuwara, P.S.- Kudra, District- Kaimur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Adv. For the Opposite Party/s : Mr. Sri Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kudra Police Station Case No. 246 of 2016, disclosing offences under Sections 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner happens to be Miller entered into an agreement with the S.F.C. for procuring the CMR in lieu of paddy and as per the agreement the petitioner has procured all the CMR against the paddy supplied by the SFC. The petitioner has no concern with the alleged godown from where the alleged theft of paddy has been committed rather the petitioner has provided the godown on rent to the S.F.C. for keeping the paddy and he is

Patna High Court Cr.Misc. No.54226 of 2017 (3) dt.20-12-2017 only responsible for taking rent from S.F.C. Moreover, paragraphs 9 and 17 of the case diary does not support the allegation against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, 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 learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Kudra Police Station Case No. 246 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T