Patna High CourtCR. MISC./7597/2019bail granted

Prakash Singh v. The State Of Bihar

2019-02-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7597 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Prakash Singh, son of Uday Singh, resident of Village - Mirzapur, P.S. Rishiup, District Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-02-2019 A supplementary affidavit has been filed during course of argument. Let it be kept on the record. Petitioner seeks bail in anticipation of his arrest in connection with Aurangabad Town P.S.Case No. 12 of 2019 dated 07.01.2019, which is instituted for offences under Sections 420 and 406 of the Indian Penal Code. The petitioner is said to have embezzled the amount which was given in advance to him for the purpose of supplying the materials in Ambedkar Welfare Hostel in Aurangabad. Submission of the learned counsel for the petitioner is that from bare reading of FIR, it would appear that an amount of Rs.10,87,601/- has been deposited by the petitioner which was given to him by way of advance. Learned counsel has further

Patna High Court Cr.Misc. No.7597 of 2019(2) dt.11-02-2019 2/2 submitted that a certificate proceeding has also been initiated for recovery of the aforesaid amount and pursuant to the same, a supplementary affidavit has been filed on behalf of the petitioner stating that the amount given to him in advance for the purpose of supplying materials has been returned as supply could not be made within time.

Considering the aforesaid facts and circumstances, in the event of arrest or surrender within four weeks, let the petitioner, namely, Prakash Singh, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad Town P.S.Case No. 12 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) spal/- U T