Bipin Mahto @ Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28774 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -BARH District- PATNA ======================================================

1. BIPIN MAHTO @ BIPIN KUMAR Son of Bhaso Mahto Resident of village - Mamurkhubad, Police Station Pandark, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Food and Civil Supplies Corporation, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sahvind Kumar Sharma For the Opposite Party/s : Mr. Sri Nand Kumar, APP For the SFC : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation as well learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 420, 407/120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegations as made out against the present petitioner are misconceived and he has not purchased anything belonging to the Bihar State Food and Civil Supplies Corporation much less the wheat which had been earlier lifted from godowns of the Bihar State Food and Civil Supplies Corporation. It is further submitted

Patna High Court Cr.Misc. No.28774 of 2016 (8) dt.03-10-2016 P2/2 that the name of the petitioner has been mischievously taken by the driver of the vehicle in question and the same were not recovered from the conscious possession of the present petitioner. Considering the aforementioned facts and circumstances and that there has been no recovery from his possession, let the petitioner abovenamed, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 40/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T