Allowed

Ramesh Kumar, P.d.s. Dealer v. The State Of Bihar

Patna HC22 May 2014CR. MISC./15197/2014

Case brief

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What is this about?

Single order granting anticipatory bail to petitioner for 6 weeks under Sections 406 and 408 IPC. Bail conditioned upon surrender before court below within 6 weeks with bond and sureties. Court clarified that bail does not prejudice merits of future case.

What did the court decide?

Release on bail within 6 weeks via surrender before court below, furnishing bond of Rs.10,000/- + two sureties of equal amount.

Ramesh Kumar, P.d.s. Dealer Vs The State Of Bihar — Property and Title | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15197 of 2014 ====================================================== Ramesh Kumar, P.D.S. Dealer Son Of Sri Shiyaram Rout, Resident Of Village- Kudhwa, P.O.- Kudhwa Barheta, Block- Kalyanpur, P.S.Chakmehsi, District- Samastipur (Bihar). .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjeet Kumar, Advocate For the State : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

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2 22-05-2014 I have heard learned counsel for the petitioner and the State.

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Petitioner apprehends his arrest in connection with a case registered for the offences under Sections 406 and 408 of the Indian Penal Code.

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F.I.R. has been lodged against the petitioner making allegation that he had neither distributed nor returned back about 428.34 quintal of rice which was made for distribution under SGRY scheme.

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Learned counsel submits that several writ petitions came to be filed challenging recovery on such ground which have been referred by this Court to the Principal Secretary of the

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Patna High Court Cr.Misc. No.15197 of 2014 (2) dt.22-05-2014

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concerned department for fixing responsibility and for disclosing the rate considering which the recovery should be made. That apart, it is submitted that the petitioner had already informed vide Annexure-2 to the Block Development Officer, Kalyanpur that there is likelihood of flood in the area. Vide Annexure-3, it appears that the Block Development Officer has given permission for placing the food grains at a safe place. However, it is contended that in the meantime, in a devastating flood on 2nd August, 2007, everything was swept away.

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Having regard to the facts and circumstances of the case, let the petitioner, namely, Ramesh Kumar, be released on bail in the event of arrest/surrender before the court below within a period of six week from today in Kalyanpur P.S. Case No.139 dated 10.09.2011 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

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Accordingly, this application is allowed.

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However, it is made clear that, while considering with the case at any stage, the court below would be required to take a decision on its own merit and in accordance with law without

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Patna High Court Cr.Misc. No.15197 of 2014 (2) dt.22-05-2014

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being prejudiced by any observation made in the present order of

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this Court.

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(Dr. Ravi Ranjan, J)
N.H./-

Ramesh Kumar, P.d.s. Dealer v. The State Of Bihar

Case brief

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Ramesh Kumar, P.d.s. Dealer v. The State Of Bihar

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