Ranvir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35149 of 2023 Arising Out of PS. Case No.-11 Year-2015 Thana- KASBA District- Purnia ====================================================== 1.

RANVIR KUMAR SINGH Son of Late Sadanand Yadav Resident of Village Madhubani, P.S.K. Hat District- Purnea 2.

Pradeep Kumar Yadav Son of Dhodhay Yadav Resident of Village- Belauri, PS- Muffasil, District- Purnea 3.

Ramawatar Singh @ Ram Avtar Singh Son of Jagir Singh Resident of Village- Belauri, PS- Muffasil, District- Purnea 4.

Md. Nafis @ Nafil Son of Md. Sadik Resident of Village- Bahadurpur, P.S.K. Hat District-Purnea 5.

Pankaj Kumar Yadav Son of Kamleshwari Prasad Resident of VillageBelauri, PS- Muffasil, District-Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Bihar State Food Corporation through the District Manager, Purnea Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Soni Shrivastava, Adv.

Mr.Ram Prawesh Kumar, Adv.

For the State :

Mr.Dilip Kumar No.1, APP For the BSFC :

Mr.Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 406, 407, 409, 120(B), 467, 468, 471/34 of the IPC and 7 of the E.C. Act.

3. As per the F.I.R., petitioners are said to have been involved in defalcation and misappropriation of rice of SFC.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to

Patna High Court CR. MISC. No.35149 of 2023(3) dt.17-08-2023 2/2 ulterior motive. Petitioners are the owners of the trucks engaged in lifting of rice but the trucks were given to the transporters and petitioners have no role in the alleged offence. There is no specific overt act against the petitioners and they have no criminal antecedent and some of the co-accused have been granted anticipatory bail by co-ordinate Benches of this Court.

5. Learned APP for the State as well as learned counsel for the BSFC opposed the prayer for bail and submits that petitioners are also involved in the alleged offence.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kasba P.S. Case No.11 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T