Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66691 of 2018 Arising Out of PS. Case No.-341 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Dilip Kumar S/o-Late Baijnath Sharma, R/o-Village Sahar Rampur, P.S.- Naubatpur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 420, 406 and 188 Indian Penal Code registered in connection with Naubatpur P.S. Case No. 341/2018.

It is submitted that the petitioner who happens to be the Chairman Faridpur PACS has been falsely implicated. As a matter of fact, there is no shortage of paddy procured from the farmers. The petitioner directly sent the paddy to the concerned rice mills and the corresponding amount of C.M.R. was duly received by the S.F.C. (Annexure-2 series). The alleged noncompliance of the letter of the Chief Secretary is thus, merely technical in nature.

Patna High Court Cr.Misc. No.66691 of 2018(3) dt.04-02-2019 2/3 Be that as it may, having regard to the entirety of the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Danapur, Patna in connection with Naubatpur P.S. Case No. 341/2018, 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 be well represented 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

Patna High Court Cr.Misc. No.66691 of 2018(3) dt.04-02-2019 3/3 shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) vinita/- U T