Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65411 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Sanjay Sah son of Shankar Sah, resident of village Alam Nagar, Police Station Alam Nagar, District Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 406/34 of the I.P.C. and Section 7 of the E.C. Act.

The prosecution case, in short, is that on account of storage of the godown of a gas agency, it was found that the accused persons sold out the cylinders and misappropriated the amount. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is the staff of gas agency in question. Nothing specific is alleged against the petitioner. The missing

Patna High Court Cr.Misc. No.65411 of 2018(2) dt.29-10-2018 2/2 gas cylinders have already been recovered. Other co-accused have been granted anticipatory bail vide Cr.Misc.No.64348 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Sub Divisional Judicial Magistrate, Udakishunganj, District Madhepura in connection with Alam Nagar P.S. case No.175 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