Pappu Singh @ Pappu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15725 of 2016 Arising Out of PS.Case No. -44 Year- 2016 Thana -SIWAN CITY District- SIWAN ====================================================== Pappu Singh @ Pappu Kumar Singh, Son of Late Shri Kant Singh, resident of Village-Gonia Chapara, P.S. Bairiya, District Balia (U.P.) .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Nitu Kumari, Advocate For the Opposite Party/s : Mr. Anant Kumar, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner is languishing in custody since 23.01.2016 in connection with Siwan Town P.S. Case No. 44 of 2016 for the offences alleged under Sections 467, 468, 471, 420, 409 and 120B of the Indian Penal Code.
The prosecution case is that the case has been lodged by the District Fishery Officer, Siwan against the State Bank of India, Main Branch, Siwan stating that they have an account in the State Bank of India, Main Branch, Siwan and it was detected on 18.01.2016 that huge amount has been transferred in some other persons' account by the branch of the State Bank of India without obtaining the signature of the competent person of the Fisheries
Patna High Court Cr.Misc. No.15725 of 2016 (3) dt.25-05-2016 2/3 Department.
It was submitted that there was certain interpolation in the amount and the signature was also manipulated. Learned counsel for the petitioner submits that he is not named in the First Information Report, has no criminal antecedent and simply because some amount was transferred in his account which is in the Central Bank of India, the name of the petitioner surfaced. He further submits that he is not an employee of the Fisheries Department nor of the Bank and the interpolation cannot be attributed to him. He submits that chargesheet has also been submitted and there is no chance of his fleeing away or tampering with the evidence.
However, learned A.P.P. for the State submits that although the petitioner is not named in the First Information Report but his name surfaced during course of investigation, hence, opposes the prayer for bail.
Be that as it may, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P. S. Case No. 44 of 2016.
Patna High Court Cr.Misc. No.15725 of 2016 (3) dt.25-05-2016 3/3 However, it is made clear that the petitioner will appear before the Court/police as and when required and failure to appear on two consecutive dates will be liable for cancellation of his bail bonds by the learned Court below without being prejudiced with this order.
(Nilu Agrawal, J) Vats/- U T