Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49307 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- DAWATH District- Rohtas ====================================================== ANIL KUMAR Son of Ramchandra Ram Resident of Village - Kanhauli Ajarkabe, Shakti Nagar, P.S.- Ramna Mithanpura, Dist.- Muzaffarpur at Present Asst. Manager, State Food Corporation, Dinara, P.S.- Dinara, Dist.- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

State of Bihar through District manager , State Food Corporation, Rohtas at Sasaram Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta For BSFC Namrata Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409/420/467/468 of the Indian Penal Code.

The prosecution case, in brief, is that the informant along with DCLR committed joint inquiry of godown of the petitioner and detected deficit of 1894.09 quintals of rice and 474.69 quintals of wheat was found and in this manner, misappropriation of Rs. 73,26,116.96/-/-was alleged to be done. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.49307 of 2019(4) dt.18-12-2019 2/3 there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the FIR, the petitioner is said to be an Assistant Godown Manager of the Bihar State Food & Civil Supplies Corporation, Rohtas at Sasaram. Certain shortages were found on verification of godown which led to the institution of the present case. It has further been submitted on behalf of the petitioner that the petitioner is ready to deposit an amount of Rs. 15,00,000/- in two installments in the court below which shall be subject to final outcome of the case. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner is directed to deposit an amount of Rs. 7,50,000/- in the court below , which shall be subject to final outcome of the case. On doing so, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, shall be released on provisional anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No.

Patna High Court CR. MISC. No.49307 of 2019(4) dt.18-12-2019 3/3 187 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that after release on provisional anticipatory bail, the petitioner shall deposit the rest amount of Rs. 7,50,000/- in the court below within next six weeks and if the petitioner deposits the total amount of Rs. 15,00000/- in the aforesaid manner, the court below shall confirm the provisional anticipatory bail granted to the petitioner and if the petitioner fails to do so, the provisional anticipatory bail granted to the petitioner shall stand cancelled by the court below itself and the court below shall take all necessary steps for production of the petitioner.

(Sudhir Singh, J) A.K.V.//- U T