Pankaj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65338 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- RAFIGANJ DistrictAurangabad ====================================================== Pankaj Kumar S/o Vijay Kumar, R/o Village- Nima Wazid, P.S.- Rafiganj, District- Aurangabad.

... ... Petitioner/s

Versus

1. State Of Bihar

2. The Assistant Manager, C.M.R. Bihar State Food Corporation, Aurangabad, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 420 IPC registered in connection with Rafiganj P.S.Case No. 146/2018.

3. It is submitted that the petitioner had acted bonafidely in removing the CMR from the godown of which he is the owner for ensuring its safe keeping. It is stated that 158.30 quintals CMR has already been returned and the petitioner undertakes to return the remaining 2383.46 quintals of CMR within a period of one week from today.

4. Be that as it may, having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of 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

Patna High Court Cr.Misc. No.65338 of 2018(3) dt.16-01-2019 2/2 Chief Judicial Magistrate, Aurangabad, in connection with Rafiganj P.S.Case No. 146/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following 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 co-operate 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.

(iv) 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. (v) The petitioner shall return the remaining 2383.46 quintals of CMR to the Rafiganj S.F.C. within a week from today. Chandran/- (Vikash Jain, J) U T