Dilip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15485 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -SIKARHATA District- BHOJPUR ====================================================== Dilip Kumar Singh Son of Sri Arvind Kumar Singh, Resident of Village - Barail, Police Station - Supaul District - Supaul the then Assistant Manager, T.D.P.S. Godown, P.S. - Piro, District Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate : Mr. Vikram Singh, Advocate For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 411 and 120B of the Indian Penal Code and 7 of Essential Commodities Act.

Allegation against the petitioner is that at his instance four trucks loaded with rice were unloaded in the premises of M/s Singh Rice Mill at Sikarahata instead of T.D.P.S Godown at Piro. It is submitted on behalf of the petitioner that he has got no criminal antecedent. He is the Assistant Godown Manager at BSFC, Piro, Bhojpur. In the night of 30.1.2016, an information was received on the basis of which the rice belonging to BSFC was seized and subsequently a raid was conducted at the premises of Rice Mill Owner where the said rice was being sold by the transporter. The petitioner made an application to the C.O. on 31.1.2016 stating that transporter had forcibly taken receiving in respect to the rice in question which was to reach the godown of

Patna High Court Cr.Misc. No.15485 of 2016 (2) dt.02-05-2016 2/2 the petitioner. The rice in question has already been recovered. In the enquiry held by the Managing Director of the Bihar State Food Corporation. The transporter has been held to be guilty and necessary action has also been directed to be taken against him. . On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Shikarhatta P.S. Case no. 13 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) sudip/- U T