Patna High CourtCR. MISC./20807/2017disposed

Birendra Kumar @ Virendra Kumar v. The State Of Bihar

2017-05-082 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20807 of 2017 Arising Out of PS.Case No. -532 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Birendra Kumar @ Virendra Kumar Son of Talkeshwar Yadav, Resident of Village- Chotki Cherki, P.S.- Sherghati, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Sherghati P.S. Case No. 532 of 2016 instituted for the offence under Sections-420, 409 of the Indian Penal Code.

It is alleged against the petitioner that he did not deposit 1546.30 quintals of rice in the SFC causing loss of Rs. 2907082.00 and accordingly, misappropriated the aforesaid amount.

It has been submitted that in terms of the order of Hon'ble Supreme Court, one of the accused Rajnish Kumar has been granted anticipatory bail by a coordinate bench of this court vide order dated 03-04-2017 passed in Cr. Misc. No. 7169 of 2017 after giving bank guarantee of Rs. 15,00,000/- (fifteen lacs)

Patna High Court Cr.Misc. No.20807 of 2017 (2) dt.08-05-2017 2/2 It has been submitted that the petitioner is also ready to deposit bank guarantee of Rs. 15,00,000/- (fifteen lacs) As per submission of learned counsel, the petitioner will furnish the aforesaid bank guarantee within a period of six months. Accordingly, the petitioner is directed to be released on provisional bail for six months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sherghati P.S. Case No. 532 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya subject to condition that both the bailors should be close relatives of the petitioner.

The petitioner will furnish bank guarantee of Rs. 15,00,000/- (fifteen lacs) within the period of six months and, in that event, the provisional bail granted to the petitioner will be confirmed by the court below.

(Sanjay Priya, J) A.K.V./- U T