Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57751 of 2019 Arising Out of PS. Case No.-915 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== SHYAM KUMAR Son of Lalan Bhagat Resident of Village- Dhamseni, P.S. and District- Saharsa.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Saharsa Sadar P.S.Case No.915 of 2018 , registered for offences punishable under Sections 420, 406, 34 of the Indian Penal Code.

As per the prosecution case, the informant was under treatment, as such he handed over the Godown to his Manager one Kumod Kumar and there is further allegation that he along with his brother and other accused persons have defalcated the amount of 1400 quintal of paddy.

Submission of the learned counsel for the petitioner is that the main allegation is against Kumod Kumar and the petitioner has falsely been implicated in this case as he

Patna High Court CR. MISC. No.57751 of 2019(2) dt.13-09-2019 2/2 happens to be brother of Kumod Kumar.

Heard learned A.P.P. also.

Having heard both sides and considering the fact that one of the co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 13.2.2019 passed in Cr. Misc. No.8039 of 2019, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Saharsa in connection with Saharsa Sadar P.S.Case No.915 of 2018, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with other conditions that he will co-operate in the investigation.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T