Pankaj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5110 of 2020 Arising Out of PS. Case No.-370 Year-2014 Thana- JAHANABAD District- Jehanabad ====================================================== Pankaj Kumar Singh, Son of Sri Chandeshwar Singh Resident of Village - Phuhan, P.S.- Barhara in the district of Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Jehanabad P. S. Case No.370 of 2014 registered for the offences punishable under Sections 420, 406, 467, 468 of the I.P.C. Petitioner was collection agent of Ujjiyan Financial Service Private Limited and there is accusation against him that he did not deposit Rs.2,97,340/-, which had been collected by him on 03.09.2014.

However, submission on behalf of the petitioner is that no doubt, petitioner collected the above stated amount on 03.09.2014, but while he was returning to his Branch to deposit the collected amount, he developed heart pain and went to his

Patna High Court CR. MISC. No.5110 of 2020(2) dt.03-03-2020 2/3 home and thereafter, he got admitted himself in a hospital, but in the meantime, the informant lodged the case against the petitioner. Although, the brother of the petitioner deposited Rs. Two lacs on 05.09.2014 with the concerned company and the Manager of the company issued receipt in lieu thereof, photo copy of which is annexed as Annexure-2 to the petition. In view of the aforesaid facts and circumstances of the case as well as submissions of the parties, it is ordered that petitioner, namely, Pankaj Kumar Singh, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail provisionally for one month from the date of surrender of his execution of bond on furnishing bail bonds of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P. S. Case No.370 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C. Furthermore, the concerned Court shall verify within the above stated period of one month as to whether the amount of Rs. Two lacs has been deposited with the concerned company or not and if it is found that the amount of Rs.

Patna High Court CR. MISC. No.5110 of 2020(2) dt.03-03-2020 3/3 concerned Court shall confirm the provisional bail granted to the petitioner, but if is found that no amount with the concerned company has been deposited as yet, then in that event, the concerned Court shall not confirm the provisional bail of the petitioner.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) vikash U T