Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5011 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -ARIYARI District- SEKHPURA ====================================================== Shambhu Yadav, S/o Late Kishun Yadav, Resident of village- Pathraita, P.S.- Ariyari, District- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate. For the informant : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 406, 409, 419 and 420/34 of the Indian Penal Code.

As per the prosecution case, the informant who is farmer has sold 114 quintal and 80 Kg. of paddy to the petitioner who happens to be the owner of Maa Dhaneshwari Enterprises Rice Mill through the Chairman of Hazaratpur Madro PACS amounting to Rs.1,66,460/- along with Rs.7,175/- which was the price of bags. It is further alleged in the First Information Report that other farmers have given the paddy as mentioned in the written report to the petitioner through the aforesaid PACS Chairman. The informant made demand of price of paddy several

Patna High Court Cr.Misc. No.5011 of 2017 (2) dt.15-02-2017 2/2 times, but this petitioner and other accused declined to make any payment. Thereafter, legal notice was sent.

In this manner, there is serious allegation against the petitioner.

Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T