Kumod Kumar Pandey @ Kumud Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62840 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== Kumod Kumar Pandey @ Kumud Kumar Pandey, Son of Ram Anik Pandey, Resident of Village- Bhore, P.S.- Pandaul, District- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The District Manager S.F.C., Madhubani, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP For the B.S.F.C.
:
Mr. Agreya Prajap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-12-2019 This is an application for grant of anticipatory bail in connection with Ghoghardiha P. S. Case No.51 of 2019, disclosing offences under Sections 409/34 of IPC and Section 7 of Essential Commodities Act.
As per F.I.R. allegation against the petitioner, who is an employee of the authorized agent of B.S.F.C that he received the grains of B.S.F.C. for transporting it to some other distance and thereafter, he sold the same to the black-market for his benefit.
Submission of the learned counsel for the petitioner is that he is an employee of the authorized agent and except that there is nothing against him and he is ready to abide by any condition imposed upon him.
Patna High Court CR. MISC. No.62840 of 2019(4) dt.10-12-2019 2/2 Heard learned A.P.P. as well as learned counsel appearing on behalf of B.S.F.C, who has opposed the prayer for anticipatory bail on the ground that materials collected during the investigation including the confessional statement of the driver of the truck disclosed the involvement of the petitioner in this case, as at his instance, the same has been sold. Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail on it own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T