Patna High CourtCR. MISC./54314/2017allowed

Amit Kumar v. The State Of Bihar

2017-11-22Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54314 of 2017 Arising Out of PS. Case No.-232 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Amit Kumar Son of Late Umesh Prasad, R/o Mohalla- Balbanwa, P.S.- Motihari Town, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. DR. KUMAR UDAY PRATAP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-11-2017 Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Motihari Town P.S. Case No. 232 of 2017 registered for the offence punishable under sections 409, 420, 467, 468/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case at the instance of his enemies due to departmental rivalry. At the relevant time he was posted as Purchase Clerk. After issuance of purchase order, petitioner had no role in the entire episode. It is was the duty of the Store Keeper to receive medicines from the suppliers, tally them and on his certification bills were passed. It is further submitted that similarly situated co-accused persons

Patna High Court Cr.Misc. No.54314 of 2017(2) dt.22-11-2017 2/2 have been granted bail by this Court vide order dated 09.11.2017 passed in Cr. Misc. No. 42023 of 2017 and 43344 of 2017. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in connection with Motihari Town P.S. Case No. 232 of 2017, G.R. Case No. 1908 of 2017 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T