Dilip Kumar Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56829 of 2017 Arising Out of PS.Case No. -215 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Dilip Kumar Sah, Son of Late Munilal Sah, Resident of Village - Motipur, P.S. - Tajpur, District - Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. District Manager, BSFC, Sitamarhi.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate. For the Opposite Party/s : Md. Arif, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sonbarsha P.S. Case No. 215 of 2016 instituted for the offence under Sections 420, 409, 467, 468, 471 and 34 of the Indian Penal Code. It has been submitted that petitioner was door step delivery agent. Learned counsel for the petitioner has pointed out about vigilance enquiry done by the Bihar State Food Supply Corporation Ltd. which is kept at running page 26 (Annexure-3) wherein it has been found that I.T. Manager Gaurav Kumar has caused loss to the Corporation amounting to Rs.1,74,79,887/- by issuing forged SIO.
It has further been submitted that Vijay Kumar Jha, Assistant Godown Manager and Gajendra Prasad Singh, Assistant
Patna High Court Cr.Misc. No.56829 of 2017 (5) dt.31-01-2018 2/2 Account Officer have already been granted anticipatory bail by this Court vide order dated 08.01.2018 passed in Cr. Misc. 12880 of 2017 and 15131 of 2017.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sonbarsa P.S. Case No. 215 of 2016, he shall be released 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 Chief Judicial Magistrate, Sitamarhi, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.