Bijay Kumar Yadav @ Vijay Kumar Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21907 of 2018 Arising Out of PS.Case No. -134 Year- 2016 Thana -LAKHNAUR District- MADHUBANI ======================================================

1. Bijay Kumar Yadav @ Vijay Kumar Yadav, S/o Late Yadunandan Yadav, R/o Village- Nirmala, P.O.- Rajakharwar, P.S.- Lakhnaur, DistrictMadhubani.

2. Asho Khatoon W/o Late Mohammad Idrish Ansari, R/o Vill.- Laufa, P.S.- Lakhnaur, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food Corporation , Patna.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha, Adv Mr. Anant Kumar Bhyaskar, Adv.

For the State : Smt. Pushpa Sinha 2 For the B.S.F.C.

:

Mr. Niraj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-06-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Lakhnaur P.S.case No.134 of 2016, vide G.R.No.1197 of 2016 dated 29.7.2016 , registered for offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code. Allegation against the petitioner no.1 is of not depositing the CMR of the paddy of 619.92 quintal and against petitioner no.2 of 1254.69 quintal.

Submission of the learned counsel for the petitioners is that Miller is appointed by the District Magistrate and they have handed over all the paddy to the Miller and whatever they have received, they have given CMR of the same and rest they have not

Patna High Court Cr.Misc. No.21907 of 2018 (4) dt.18-06-2018 2/2 received.

Heard learned A.P.P. and the learned counsel for the B.S.F.C.. They have opposed the prayer for bail on the ground that the petitioner have to deposit CMR of the paddy, which they have not deposited.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, surrender before the court below within a period of six weeks from the date of order along with Bank Guarantee of the CMR as stated above and on that they will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Ist, Jhanjharpur, District Madhubani in connection with Lakhnaur P.S.Case No.134 of 2016 vide G.R.No.1197 of 2016, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that they will co-operate in the investigation of the case.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T