Anil Kumar @ Anil Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15621 of 2016 Arising out of PS.Case No. -11 Year- 2016 Thana -MEHANDIA District- JEHANABAD ====================================================== Anil Kumar @ Anil Kumar Sharma, Son of Late Ram Dinesh Sharma, Resident of Village- Belsar, P.S.- Mehandia, District- Arwal. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Santosh Kumar Pandey, Advocate. For the Opposite Party : Mr. Ajay Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Mehandia P.S. Case No. 11 of 2016 for the offences instituted under Sections 420, 467, 468, 471, 120(B) of the IPC and 7 of the E.C. Act.

The prosecution story, in brief, is that in the year 201314, the petitioner purchased paddy on the forged rent receipt, though it was the duty of the PACS Chairman to have knowledge regarding the area of the agriculturists. He did not properly do official work and on verification by the Circle Officer the said rent receipt was found forged. Ten agriculturists from whom the paddy was purchased on forged receipts, they have accepted that they

Patna High Court Cr.Misc. No.15621 of 2016 (2) dt.03-05-2016 2/3 have sold that paddy to PACS and on verification from Branch Manager, Magadh Central Co-operative Bank Ltd., Branch Arwal, that all the ten agriculturists in question made payment through account.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has been made accused in the present case due to mistake of fact. There is no substantive piece of evidence to show the involvement of the petitioner in the present case. The petitioner is the Chairman of PACS. It is further submitted that the petitioner is ready to deposit an amount of Rs. 40,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 40,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mehandia P.S. Case No. 11/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.15621 of 2016 (2) dt.03-05-2016 3/3 each to the satisfaction of the learned C.J.M., Arwal, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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