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Patna High CourtCR. MISC./70026/2018allowed

Kamta Prasad Singh And ANR v. The State Of Bihar

2019-02-13Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70026 of 2018 Arising Out of PS. Case No.-209 Year-2018 Thana- GOH District- Aurangabad ======================================================

1. Kamta Prasad Singh son of Ram Kripal Singh, resident of Village- Lohari, P.S. Goh, District- Aurangabad.

2. Smt. Rita Devi, wife of Raj Kishore Yadav, resident of Village- Hasanpur, P.S. Goh, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar For the Opposite Party/s :

Mr.Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-02-2019 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Goh P.S. Case No. 209 of 2018 registered for the offence punishable under sections 406, 420 of the Indian Penal Code. Learned counsel appearing for the petitioners submits that petitioners have been falsely implicated in this case merely on suspicion. Petitioners had purchased the paddy and handed over the same to the miller for converting it to rice, but the miller could not return CMR on due date and as such petitioners could not deposit the same to S.F.C. within time. As a matter of fact, petitioners have deposited the entire amount mentioned in the F.I.R. on different dates and has obtained no dues certificate from Branch Manager on 30.01.2019 vide letter

Patna High Court Cr.Misc. No.70026 of 2018(4) dt.13-02-2019 2/2 no. 285, as is evident from Annexure-2 to the supplementary affidavit. Petitioners have no criminal antecedent. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Goh P.S. Case No. 209 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T