Akhil Kishore Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38569 of 2020 Arising Out of PS. Case No.-65 Year-2020 Thana- DANAPUR District- Patna ====================================================== AKHIL KISHORE PRASAD SINGH, son of Late Ram Bachan Singh @ Rambachan Sharma Resident of Mohalla- Rukanpura, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2021 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Danapur P. S. Case No. 65 of 2020, dated 23.01.2020, instituted for the offences under Sections 419 and 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act, 1955. An attempt was being made for taking away subsidized wheat bags and foodgrains of the SFC godown through two vehicles which were not on the

Patna High Court CR. MISC. No.38569 of 2020(2) dt.27-04-2021 2/3 dash board of the Department. On enquiry, it was found that the Assistant Godown Manager was not present in the godown.

The learned counsel for the petitioner has submitted that an absolutely false case based only on suspicion has been lodged against him. He further submits that on the day when the two vehicles were seized inside the premises of the godown, the Data Entry Operator as well as the representative of the DSD were present.

The petitioner had served as Assistant Godown Manager but after his retirement, his services were being utilized on contract basis. This contract with the petitioner was also ended which was never renewed and the petitioner has stopped working as Assistant Godown Manager with effect from 17.11.2019.

The learned counsel for the petitioner has submitted even his remuneration for several months has not been paid and to add insult to the injury, he has

Patna High Court CR. MISC. No.38569 of 2020(2) dt.27-04-2021 3/3 been made accused in this case.

Considering the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Danapur, in connection with Danapur P. S. Case No. 65 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T