Patna High CourtCR. MISC./63415/2024bail granted

Himanshu Kumar v. The State Of Bihar

2024-10-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63415 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Himanshu Kumar S/O Kamlesh Kumar @ Kamleshwari Paswan R/o village - Cheria Bariarpur, ward no 16, P.S. - Cheria Bariyarpur, District - Begusarai, Bihar ... ... Petitioner/s

Versus

The State of Bihar 2.

S.K. Gulam Murtuja S/o S.K. Gulam Ambiya R/o vill - Kharkol, P.S. - Khandghosh, Distt. - Purv Vardhman, W.B.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kuldeep Kumar, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Cheria Bariyarpur P.S. Case No. 62 of 2024 dated 18.03.2024 registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner was given Broiler Chuza-2705, 175 bags of dana for Chuzas and medicines. All the articles including the Chuzas were costing around Rs. 4,86,996/-. As per the agreement, the

Patna High Court CR. MISC. No.63415 of 2024(2) dt.01-10-2024 2/3 petitioner was expected to return the Chuzas after their growth to the company. When the field supervisor Amarnath Kumar went to pick up the Chuza from the poultry of the petitioner, he came to know that the petitioner had sold 2505 grown Chuzas to some other person.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner did not receive the feed B1 and B2 feed chicks weighing 1380 Kg and 1680 Kg. There is no receiving of the petitioner on the challan. There is no material to show that the petitioner received the items as claimed. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.06.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Cheria Bariyarpur P.S.

Patna High Court CR. MISC. No.63415 of 2024(2) dt.01-10-2024 3/3 Case No. 62 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T