Qumre Alam @ Kamare Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57270 of 2019 Arising Out of PS. Case No.-101 Year-2015 Thana- GOVINDGANJ District- East Champaran ====================================================== QUMRE ALAM @ KAMARE ALAM Son of Md. Zubair Resident of Village - Hasanapur, Badaharava, P.S. - Bajpatti, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Manager, Bihar State Food Corporation, District - Motihari. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 The petitioner apprehend their arrest in connection with Govindganj (Malahi) P. S. Case No. 101 of 2015 registered under Sections 406, 409 and 420 of the Indian Penal Code. Petitioner is not named in the FIR. The prosecution story, as per FIR, is that , in the year 2011-12, a less quantity of CMR rice was returned by miller, Umesh Prasad, and 2344.88 quintals were not returned by him. Similarly, in the year 2012-13, he did not return 3815 quintals of CMR rice against the quantity of paddy supplied to him.

Learned counsel appearing on behalf of the petitioner submits that petitioner is not named in the FIR and at the relevant point of time, he was working as Block Agriculture Officer at Areraj Block and after three years, the police

Patna High Court CR. MISC. No.57270 of 2019(2) dt.11-09-2019 2/3 submitted a requisition seeking warrant against the petitioner and others before the court below on the basis of general and omnibus allegation that during course of investigation it has been found that the petitioner along with other accused persons conspired with the main accused in commission of offence. Learned counsel further submits that main accused i.e., miller to whom paddy was supplied and against which less quantity of CMR rice was returned by him, has been granted bail by this Court in Cr.Misc. No. 30119 of 2015.

After having heard learned counsel for the parties and taking into consideration the fact that no specific allegation against the petitioner has been brought on record by the prosecution and the main accused person i.e., miller has been granted bail by this Court, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Saran at Chapra in connection with Govindganj (Malahi) P.S.Case No. 101 of 2015; subject to condition as laid down

Patna High Court CR. MISC. No.57270 of 2019(2) dt.11-09-2019 3/3 under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T