Ranjan Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63935 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Ranjan Kumar Singh, Son of late Krishna Singh, resident of Village and P.O. Poswan, P.S. Garhani (Agiawn), District- Bhojpur. ... ... Petitioner

Versus

1. The State Of Bihar.

2. District Manager, State Food Corporation, Bhojpur District Bhojpur, Bihar. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Prabhat Ranjan, Advocate For the State :

APP For the BSFC :

Dr. Kislay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the Bihar State Food Corporation Limited.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 409 of the Indian Penal Code registered in connection with Barhara P.S. Case No. 128 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the representative of the Transport-cum-Handling Agent (Mr. Sanjay Kumar Singh) and in any event, as against the loss said to have been caused to the Bihar State Food & Civil Supplies Corporation Limited amounting to Rs. 5,00,000/-, the BSFC has already realized Rs. 5,00,000/- by way of forfeiture of the bank guarantee and security deposits from Sanjay Kumar Singh. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the BSFC opposes the anticipatory bail petition and has been heard.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.63935 of 2018(5) dt.14-02-2019 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No. 128 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

BT/Chandran (Vikash Jain, J) U T