Ranbir Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45468 of 2023 Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RANBIR KUMAR SINHA son of Ishwar Dayal Village- Sipah PoRanabigha Ps- Deepnagar Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The Investigating Officer of the present case was physically present before this Court.
3. The petitioner is apprehending his arrest in connection with Laheri P.S. Case No. 279 of 2017, for the offences punishable under Sections 409/34 of the Indian Penal Code.
4. As per prosecution case, there is allegation that in light of letter no. 4076 dated 28.06.2017, Godown of Biharsharif was checked by the District Supply Officer, Nalanda and on verification 59279.50 quintals CMR (Clean Mill Rice) was found in place of 76203.50 quintals of rice and as such,
Patna High Court CR. MISC. No.45468 of 2023(6) dt.03-04-2024 2/3 16768.50 quintals of rice was found missing. Standard of rice was also found bad. The District Magistrate has directed to lodge the F.I.R. against the Ranjit Kumar, Godown Superintendent and one Abhay Kumar, Contractual Executive Assistant.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedents in which in all cases he is on bail as stated in para 3 of the bail petition. The petitioner was the Chairman of Ranabigha PACS. The petitioner is not named in the F.I.R. and he has no concern with the warehouse godown of the Bihar Food Corporation, Nalanda. It is further submitted that the co-accused Ranjit Kumar, the Godown Superintendent was responsible for maintaining stock. Similarly situated co-accused person has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 03.11.2017 passed in Cr. Misc. No. 44788 of 2017.
6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No.45468 of 2023(6) dt.03-04-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 279 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, subject to following condition:
I. The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
8. The application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T