Chandra Shekhar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21685 of 2017 Arising Out of PS.Case No. -19 Year- 2015 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Chandra Shekhar Jha Son of Prabhakar Jha, R/o Village- Golhatee, P.S.- Bausi, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supplies Corporation- through its Managing Director, Khad Bhawan, Daroga Rai Path, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Kumar, Adv. For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Akodhi Gola P.S.Case No. 19 of 2015 registered under Sections 420 and 409 of the Indian Penal Code. It is contended by the learned counsel for the petitioner that the petitioner is not named in the FIR. He submitted that under misconception that the signature of purchase incharge was required to be taken on the agreement between the Godown Manager and the District Manager of the Bihar State Food and Civil Supplies Corporation Limited, the petitioner has been made accused. He has drawn my attention to Annexure-3 to the application, which is an office order issued by the Managing Director of the Bihar State Food and Civil Supplies Corporation

Patna High Court Cr.Misc. No.21685 of 2017 (2) dt.06-07-2017 2/2 Limited indicating that there was no requirement of taking signature of the purchase incharge on the agreement between the Godown Manager and the District Manager of Bihar State Food and Civil Supplies Corporation Limited. It is further contended that in yet another FIR in which the petitioner has been roped in, a Bench of this Court has extended the privilege of anticipatory bail to the petitioner vide order dated 12.07.2016 passed in Cr.Misc. No. 11993 of 2016.

I find force in the submission of the learned counsel for the petitioner.

Regard being had to the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Dehri, Rohtas in connection with Akodhi Gola P.S.Case No. 19 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of his arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Pradeep/- U T