Abhimanyu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63856 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== Abhimanyu Kumar Singh S/o- Late Baban Singh Resident of Village- Fakuli, P.S. Awatar Nagar, District- Saran, Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramkishor Singh, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-09-2024 Heard Mr. Anand Kumar Ojha, learned counsel for the petitioner and the State.
2. The petitioner is in judicial custody in connection with Awatar Nagar P.S. Case No. 50 of 2024 for the offence punishable under Sections 406 and 420 of the Indian Penal Code lodged on 06.03.2024 by the informant, Mukesh Kumar.
3. As per the prosecution story, the informant alleged that earlier the mother namely Shradha Kunwar of the petitioner was having PDS dealership who died on 14.12.2023. Subsequently, the left over food grains were transferred to the PDS dealer, Sunita Kumari with whom, the said PDS consumers were tagged. However, no receipt was given to the petitioner and in that background, the present case was lodged by the Block Supply Officer, Dighwar, Saran.
Patna High Court CR. MISC. No.63856 of 2024(2) dt.25-09-2024 2/3
4. Learned counsel for the petitioner submits that since PDS dealer Sunita Kumari did not provided a receipt, he has filed complaint before the learned Chief Judicial Magistrate, Saran at Chapra vide Complaint Case No. 659 of 2024 (Annexure-2 of the petition). The last submission is that he is ready to approach the District Supply Officer, Saran at Chapra alongwith all the facts stated and to narrate the things that followed the death of his mother.
5. Learned APP opposes the prayer stating that the allegation is of siphoning the food grains allotted to the PDS shop.
6. Though the allegation is there, the petitioner will be facing the music, he has also filed a complaint, is in custody since 15.07.2024 (para-1 of the petition), has undertaken to approach the District Supply Officer, Saran at Chapra in next four weeks, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Saran at Chapra, in connection with Awatar Nagar P.S. Case No. 50 of 2024 subject to the following
Patna High Court CR. MISC. No.63856 of 2024(2) dt.25-09-2024 3/3 conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T