Sanjay Kumar @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81125 of 2019 Arising Out of PS. Case No.-119 Year-2016 Thana- MANSI District- Khagaria ====================================================== SANJAY KUMAR @ SANJAY KUMAR SINGH, Son of Late Raghuni Mahto Resident of Village - Chhoti Balaha, P.S.- Mansi Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan, Adv.

For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Jawahar Singh submitted before the SHO, Mansi Police Station is to the effect that on 29.06.2016 at 1.45 P.M., the informant was informed that the Headmaster of the Primary School, Balha Bazar was carrying rice of Mid-day-meal with an intention to commit theft. Thereafter, the informant and other officials reached at the spot and 40 Kgs of rice were seized was suspected to be mid-day-meal rice.

It is submitted by learned counsel for the petitioner that the report of the D.P.O., annexed with the FIR suggests the stock

Patna High Court CR. MISC. No.81125 of 2019(2) dt.11-12-2019 2/2 was found in order, but only on the basis of suspicion, the FIR has been registered. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the recovery of rice suggests that the mid-day-meal was sought to be misappropriated.

Considering the the fact that the report of the DPO is part of the FIR which substantially suggests the accusation is based on the suspicion, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria, in connection with Mansi P.S. Case No.119 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T