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Patna High CourtCR. MISC./30936/2014bail granted

Ram Nath Prasad v. The State Of Bihar

2015-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30936 of 2014 Arising Out of PS.Case No. -571 Year- 2013 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Ram Nath Prasad, S/o Late Ram Lakhan Sah, R/o New Industrial Area, P.O. + P.S.- Bela, District- Darbhanga Prop- Suman Rice Mill. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra, Adv. For the Opposite Party/s : Mr. B.Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Supplementary affidavit has been filed on behalf of the petitioner.

Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Laheriasarai P.S. Case No. 571 of 2013 registered for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, paddy was supplied to the petitioner being a Rice Miller but the processed rice was partly supplied and rice worth Rs. 7, 89, 925 remained with the petitioner. Submission is that the petitioner gave information with regard to picking up of rice but it was picked up by the officials of

Patna High Court Cr.Misc. No.30936 of 2014 (2) dt.27-01-2015 the Bihar State Food Supply Corporation. The petitioner undertakes to deposit 20 per cent before the B.S.F.C., Darbhanga. It is also submitted that similarly situated other co-accused Subodh Kumar Sharma has been allowed pre-arrest bail vide Cr. Misc. No. 34402 of 2013 by order dated 04.10.2013. Shailesh Kumar and Sachin Kumar have been allowed pre-arrest bail vide Cr. Misc. No. 19233 of 2014 and 19333 of 2014 by order dated 18.07.2014. In the facts and circumstances as stated above, the petitioner namely, Ram Nath Prasad, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 571 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T