Dhirendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49732 of 2015 Arising Out of PS.Case No. -244 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Dhirendra Kumar Singh S/o Late Jalodhari Singh Resident of Village - Kajra, P.S. - Supaul, P.O. - Mohania, Distt. - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kishore Kumar Sinha For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 05-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with a case registered for offences under sections 406/409/420 and 120B of the Indian Penal Code. The counsel for the petitioner submits that the petitioner is in custody since 14.07.2015.

From the First Information Report it appears that the PACS has taken loan and did not return the same that led to filing of the present case.

Learned counsel for the petitioner submits that it is a the PACS who should return the loan not the petitioner being the Chairman. Looking to the nature of allegation he submits that it is

Patna High Court Cr.Misc. No.49732 of 2015 (2) dt.05-11-2015 P2/2 civil proceeding which has been given the colour of crime. Under the facts and circumstances as stated above, let the petitioner, Dhirendra Kumar Singh, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 244/2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Saif/- U T