Patna High CourtCR. MISC./66646/2023bail granted

Md Aflatoon Khan v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66646 of 2023 Arising Out of PS. Case No.-283 Year-2022 Thana- PIRO District- Bhojpur ====================================================== MD. AFLATOON KHAN S/O MD. KUTUBUDDIN KHAN R/O MOHALLA/VILLAGE- PIRO BHAGALPUR, WARD NO. 16 (NAGAR PARISHAD PISO), PS. PIRO, DIST. BHOJPUR (ARRAH) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Phulen Yadav, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Piro P.S. Case no.283 of 2022 registered under sections 420, 419 and 409 of the Indian Penal Code.

3. As per the prosecution case, the petitioner, who is a PDS dealer, was supposed to hand over 126.81 quintals of wheat and 170.60 quintals of rice for distribution, however on inspection, it transpired that the same was short by 42.46 quintals of wheat and 44.66 quintals of rice.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of some misunderstanding/miscalculation by the inspecting officer.

Patna High Court CR. MISC. No.66646 of 2023(2) dt.17-10-2023 2/2 The allegations are categorically denied. The petitioner has no criminal antecedent and is in custody since 6.7.2023. Chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the petitioner having remained in custody since 6.7.2023, his not having any criminal antecedent and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Piro P.S. Case no.283 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bhojpur at Arrah.

(Partha Sarthy, J) Saurabh/- U T