Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63374 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- PATAHI District- East Champaran ====================================================== Rupak Kumar Son of Umesh Singh Resident of Village-Bhakurahiya, Police Station Patahi, Distt.-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409, 420, 421, 468, 120(B) of the I.P.C. and 7 of the E.C. Act.

The prosecution case, in short, is that 20.5 quintals food grain has been recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The food grains in question do not belong to the petitioner. There is no shortage in stock register. The petitiner is a P.D.S. dealer. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below, which

Patna High Court Cr.Misc. No.63374 of 2018(2) dt.17-12-2018 2/2 shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs.20,000/- in the court below, which shall be subject to the final disposal of the case. On doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Patahi P.S. case No.146 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T