Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42372 of 2019 Arising Out of PS. Case No.-61 Year-2019 Thana- VIJAYEPUR District- Gopalganj ====================================================== PAWAN KUMAR S/o Shankar Singh Resident of Bhikha Bandh Briti Tola, P.S.- Dhuraunda, District- Siwan, at present Transport Handling-cum-Supply Agent, T.P.D.S., Vijaipur, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv.

Mr. Dhananjaya Nath Tiwari For the BSFC :

Mr. Shailendra Kuamr, Sr. Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Vijaipur P.S.Case no.61 of 2019 under Section 7 of the E.C. Act , registered for offences punishable under Sections 420/409 of the Indian Penal Code.

Prosecution story is that the petitioner is the transporter to supply rice and wheat to the P.D.S. Dealer from the B.S.F.C. Godown and on inspection it was found that in one bag in place of 50 kg. only 47.200 kg. grains were found.

Submission of the learned counsel for the petitioner is that no complaint was made by the P.D.S. Dealer against the transporter and the petitioner has been made accused only

Patna High Court CR. MISC. No.42372 of 2019(3) dt.12-07-2019 2/2 with ulterior motive and the other accused A.G.M. has been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 2.7.2019 passed in Cr. Misc. No.40591 of 2019.

Heard learned A.P.P. and the learned counsel for the B.S.F.C..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IVth, Gopalganj in connection with Vijaipur P.S.Case No.61 of 2019, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the aforesaid direction, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T