Ashok Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23971 of 2015 (2) dt.22-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23971 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Ashok Kumar Singh S/o Late Kuldeep Narayan Singh Resident of Bhopatpur, Police Station Mohania, District Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh, Adv. Mr. Raju Kumar Goshwami, Adv.

For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-05-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mohania P.S. Case No. 137 of 2015 registered for the offences punishable under Sections 420, 409 of the Indian Penal Code. Petitioner happens to be owner of rice mill and he entered into an agreement with State Food Corporation and according to the agreement, after taking paddy the rice had to be delivered to State Food Corporation by the petitioner but according to prosecution case, petitioner did not hand over rice to the tune of Rs. 55,67,221.65/-.

The contention on behalf of the petitioner is that it

Patna High Court Cr.Misc. No.23971 of 2015 (2) dt.22-05-2015 was officials of State Food Corporation who committed the alleged crime and as a matter of fact, having considered the aforesaid fact, different Benches of this Court have already been granted privilege of anticipatory bail to different persons in similar cases.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S. Case No. 137 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T