Benkateshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15731 of 2016 Arising out of PS.Case No. -74 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Benkateshwar Mishra, Son of Late Kedar Nath Mishra, Asst. Godown Manager, S.F.C. Arariya R.S. P.S.& District Arariya, R/o Village Sonbarsa, P.S. Charpokhari, District Aarah.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shree Prakash, Advocate. For the Opposite Party : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Arariya P.S. Case No. 74 of 2016 for the offences instituted under Sections 409, 420, 467, 468 and 471/34 of the IPC. The prosecution story, in brief, is that the petitioner is Assistant Godown Manager and during course of investigation, the articles kept therein found short.

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. He denies the allegation in respect to shortage in gown in respect of rice and

Patna High Court Cr.Misc. No.15731 of 2016 (2) dt.13-05-2016 2/2 wheat. The petitioner is a government employee. It is further submitted that the petitioner is ready to deposit an amount of Rs. 25,000/- 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. 25,000/- 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 Arariya P.S. Case No. 74/2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arariya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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