Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73734 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Sumit Kumar S/o- Late Ram Swaroop Lal R/o- Adarsh Colony, Road No3, Khemnichak, P.S. Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachina For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, and the State.

2. Petitioner apprehend his arrest in connection with Gaurichak P.S.Case No.632 of 2023 registered for the offences punishable under Sections 379 and 420 of the Indian Penal Code.

3. The prosecution case in the FIR is with regard to misappropriation of 103.237 tons of rice which have been given by the informant, who is the proprietor of the Company Shree Balaji Empress ( Ormanji Ranchi) to the petitioner Satish Kumar for the purpose of polishing the rice.

4. Learned counsel for the petitioner submits that the FIR does not disclose any specific allegation against him and only in the concluding portion of the FIR, it has been stated that action should be taken against Satish Kumar and his friends Niranjan Kumar, Kunal Kumar and Sumit Kumar. Barring such

Patna High Court CR. MISC. No.73734 of 2024(3) dt.30-04-2025 2/2 mentioning of the name of the petitioner in the FIR, no other allegation has been attributed to the present petitioner. He is neither the rice miller nor he has received any rice from the informant for any purpose. The petitioner is accused in one case in which he has already been granted bail.

5. Learned APP for the State opposes the anticipatory bail.

6. Taking into consideration all the above mentioned facts, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioners shall 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 Additional Chief Judicial MagistrateVI, Patna city in Gaurichak P.S.Case No. 632 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall cooperate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T