Hariom Yadav @ Hriom Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.26333 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26333 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Hariom Yadav @ Hriom Yadav, S/o Rajendra Singh, resident of VillageUdhpura, P.S.- Durgawati, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pramod Kumar Pathak, S/o Late Uday Chandra Pathak, District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Kaimur (Bhabua). .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh For the State : Mr. Mukesh Kr.Singh(App) For the BSFC Mr. Shailendra Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Also heard learned counsel for the B.S.FC.

Petitioner happens to be rice miller and he is languishing in jail custody since 20.04.2015 in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that no case under Sections 406 and 420 of the Indian Penal Code is made out and, at best, it is a case of breach of contract. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.26333 of 2015 (2) dt.27-07-2015 well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Durgawati P.S. Case No. 50 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T