Kailash Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5750 of 2019 Arising Out of PS. Case No.-1489 Year-2016 Thana- COMPLAINT CASE District- Banka * ====================================================== KAILASH SINGH Sundar Singh Resident of village-Baidnathpur, P.S.- Banka, and District-Banka ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR AND ANR Bihar 2.

Naresh Prasad Late Ritalal Singh Resident of village-Khurdchirya, P.S.- Jagdishpur, District-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Complaint Case No. 1489 of 2016, registered for offences punishable under Sections 420 and 406 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the petitioner along with others persuaded the complainant to work with the NGO, Gramin Roushni Jan Kalyan Sansthan , which provides education and rehabilitation to poor and helpless person and he also persuaded him to deposit the fund for above project and the complainant deposited two LIC bonds of Rs. 50-50 thousand in bank and thereafter, the accused persons in collusion with the Bank Manager got the bank account closed and encashed the bonds.

Patna High Court CR. MISC. No.5750 of 2019(3) dt.28-03-2019 2/2 Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is delay of five years in lodging the case. It is further submitted that the complainant became granter of loan taken by one co-accused, Haldhar Singh not in the name of the said NGO, Gramin Roushni Jan Kalyan Sansthan and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Complaint Case No. 1489 of 2016,to the satisfaction of learned Additional Chief Judicial Magistrate, 3rd, Banka, subject to the conditions as laid down under Section 438

(2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T