Deep Narayan Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40161 of 2015 Arising Out of PS.Case No. -228 Year- 2015 Thana -BANKA District- BANKA ====================================================== Deep Narayan Sah, S/o Late Mahavir Sah, resident of village - Aliganj, P.S. Mujahidpur, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. Sushil Kumar, District Manager, Bihar State Food Corporation, Banka .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 08-10-2015 Learned counsel for the petitioner has filed supplementary affidavit placing on record different orders passed in the case of other coaccused in Banka P.S. Case No. 228 of 2015 pending in the court of C.J.M., Banka in which petitioner is also an accused. Petitioner is seeking bail in the event of arrest in the same case. With reference to orders annexed with supplementary affidavit it is submitted that other millers made accused in the instant case who also failed to return the rice after milling the paddy have been directed to be released on bail, in order to maintain consistency with the orders of the

Patna High Court Cr.Misc. No.40161 of 2015 (3) dt.08-10-2015 High Court similar direction is required to be issued in the case of the petitioner also.

Counsel for the Corporation submitted that this Court in the case of Md. Lalbabu Hassan, also a miller, who was entrusted with the paddy but did not return the rice after milling the paddy and approached this Court for grant of bail in the case filed against him vide Cr. Misc. No. 13763 of 2015, asked Md. Lalbabu Hassan under Order No. 2 dated 22.05.2015 to surrender in the court below and apply for regular bail, and same order be passed in present case also notwithstanding the order passed in the case of co-accused of the present case.

I regret not to accept such submission in view of the fact that in the present case itself other co-accused have been granted such privilege.

Let this petitioner be also allowed similar privilege as has been allowed to all the coaccused of the present case in whose case different orders have been passed, which is contained in supplementary affidavit filed today and the terms

Patna High Court Cr.Misc. No.40161 of 2015 (3) dt.08-10-2015 of aforesaid orders annexed with supplementary affidavit be read into the preset order also.

(V.N. Sinha, J) P.K.P.

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