Sandeep Kumar Singh v. The State Of Bihar Through The District Manager, Bihar State Food And Civil Supplies Corporation Lt

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45610 of 2018 Arising Out of PS.Case No. -11 Year- 2015 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Sandeep Kumar Singh S/o- Sri Vijay Bahadur Singh, resident of Village- Basini, P.S.- Karamchat, District- Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Manager, Bihar State Food & Civil Supplies Corporation Ltd., Kaimur, P.S.- Kaimur, DistrictKaimur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. R. S. Pradhan, Sr. Advocate Mr. Ravi Shankar Sahay, Advocate Mr. Ranjeet Choubey, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, Advocate For the BSFC : Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406/409/420 of the Indian Penal Code.

The FIR was lodged against the sole accused, who is proprietor of the rice mill, alleging therein misappropriation of the rice or its equivalent value which were to be handed over to the Bihar State Food & Civil Supplies Corporation Ltd., Kaimur. After investigation charge sheet was submitted and the miller is facing trial.

Later on a petition was filed on 07.03.2018 by the A.S.I. Chand Police Station for issuance of warrant of arrest

Patna High Court Cr.Misc. No.45610 of 2018 (6) dt.28-09-2018 P2/ against the petitioner and others without assigning material collected against the petitioner.

Learned counsel for the Bihar State Food & Civil Supplies Corporation submits that the petitioner was proprietor of the Transport Agency, which was to transport rice from the mill.

Considering the fact that no sufficient material is there against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Chand (Kaimur) Police Station Case No.11 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T