Sumant Kumar Shrivastava @ Sumant Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66071 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SUMANT KUMAR SHRIVASTAVA @ SUMANT KUMAR SRIVASTAVA, (Male), aged about 48 years, S/o Late Nagendra Prasad Shrivastava, R/o village- Shital Bardaha, P.S.- Kuchaikote, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Lokesh Kumar Singh, Advocate.

For the Opposite Party :

Mrs. Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 406, 409, 420, 120(B) of the IPC and 7 of E. C. Act.

The prosecution story, in brief, is that while on 28.07.2019, checking of P.D.S. shop of Bikrama Ram was going on, the petitioner was present there. He disclosed that this P.D.S. shop is being looked after and run by him. The shop was found closed and the key of the shop was with this petitioner. On search of house of the petitioner, two bags of rice in a stitched bag and three bags of rice stitched by hand alongwith 20 Kg. of rice was found kept in open bag and also 15 Kg. of wheat was

Patna High Court CR. MISC. No.66071 of 2019(3) dt.14-11-2019 2/2 found.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 29.07.2019. The petitioner has been made accused in the present case due to mistake of fact. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has got no concern with the P.D.S. dealers. The petitioner happens to be the owner of the godown in question. The same was let out to the P.D.S. dealer.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned S.D.J.M. Gopalganj, in connection with Kuchaikote P.S. Case No. 219 of 2019.

(Sudhir Singh, J) U.K./- U T