Sushil Kumar And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.13832 of 2016 (6) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13832 of 2016 Arising Out of PS.Case No. -126 Year- 2015 Thana -RAJPUR District- BUXAR ======================================================

1. Sushil Kumar son of Gauri Shankar Prasad

2. Gagan Kumar Pandey son of Virendra Kumar Pandey .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur For the State Mr. Bhanu Pratap Singh (App) For BSFC Mr. Shailendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29.04.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for Bihar State Food and Civil Supplies Corporation. No counter affidavit is filed on behalf of Bihar State Food and Civil Supplies Corporation.

Petitioners seek bail in a case registered under sections 406, 409 and 420/34 of the Indian Penal Code.

Petitioner no.1 was posted as Purchase center in-charge whereas petitioner no.2 was assistant and accusation against them is that they created forged documents with an intent to embezzle government money to the tune of Rs 3, 24, 73,320/- but admittedly, no amount was embezzled and, at best, it is case of attempt of embezzlement of government money.

Petitioners are in jail custody since 8.2.2016. Considering the aforesaid facts and circumstances as well as

Patna High Court Cr.Misc. No.13832 of 2016 (6) dt.29-04-2016 submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Rajpur P.S. Case no. 126/2015.

shahid (Hemant Kumar Srivastava,J) U T