Subodh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68302 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== SUBODH KUMAR SAH Son of Susil Sah Resident of Village - Dumra, P.S.- Arer, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2020 Heard the learned Senior counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Ghoghardiha PS case no. 51 of 2019 registered for the offences punishable under Sections 409/34 of Indian Penal Code and Section 7 of E.C. Act.

The allegation is regarding rice having been loaded on 07 trucks from the Ghoghardiha godown, however the same did not reach its destination. It is further alleged that the transporter namely Sri Manoj Kr. Singh, in connivance with the truck drivers, had misappropriated the rice when the trucks were being taken to their destination.

The learned counsel for the petitioner has submitted that the petitioner is the Clerk/ Accountant of the Firm being run

Patna High Court CR. MISC. No.68302 of 2019(3) dt.05-03-2020 2/3 by the co-accused person namely Shambhu Sahu @ Ramu Sah. It is further submitted that the petitioner has got no complicity in the matter and is having a clean antecedent and the fact is that the Proprietor of the Firm has already been granted anticipatory bail today, by this Court by an order passed in Cr. Misc. no. 71786 of 2019.

The learned counsel for the B.S.F.C. has opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering submissions made by the learned Senior counsel for the petitioner as also taking into account the parity of the case of the petitioner with that of co-accused person namely Shambhu Sahu who has already been granted privilege of anticipatory bail, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur in connection with Ghoghardiha PS case no. 51 of

Patna High Court CR. MISC. No.68302 of 2019(3) dt.05-03-2020 3/3 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T