Kanhaiya Gond @ Krishna Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42520 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -KATIHAR District- KATIHAR ======================================================
1. Kanhaiya Gond @ Krishna Kumar, son of Sangram Gold, resident of Ashoga, P.S.- Pipriya, District- Kaimur at Bhabhua, Bihar- 821105. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. District Manager, Bihar State Food & Civil Supplies Corporation, Katihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Bhanu Pratap Singh For the BSFC : Mr. Sanjay Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 The petitioner is apprehending his arrest in connection with Katihar Town P.S. Case No. 55/2018, registered for offences punishable under Sections 379, 406, 409 and 120(B)/34 of the Indian Penal Code and Section 7 of the Essential Commodities Act.
Allegation against the petitioner and others is of misappropriation of 21741 quintals of food-grains. It has been submitted on behalf of the petitioner that he has falsely been made accused in this case and he is not the employee of BSFC rather he is a helper and nothing to do with the said misappropriation of food-grains. Further co-accused of this case having similar allegation has already been granted privilege
Patna High Court Cr.Misc. No.42520 of 2018 (2) dt.23-07-2018 2/3 of anticipatory bail by this Court vide order dated 02.07.2018 passed in Cr. Misc. No.31643 of 2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Katihar Town P.S. Case No. 55/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the
Patna High Court Cr.Misc. No.42520 of 2018 (2) dt.23-07-2018 3/3 prosecution is free to move for cancellation of his bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T