Baijnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7954 of 2020 Arising Out of PS. Case No.-438 Year-2015 Thana- BIHTA District- Patna ====================================================== BAIJNATH SINGH, Son of Late Kailash Singh, Resident of Village - Kanchanpur, P.S. - Bihta, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. As per prosecution case, there was defalcation of crores of rupees by several PACS by using the revenue receipts, which was forged and same was deducted in the audit. Petitioner was PACS Adhyaksha of Machahalpur-Babhan Lai PACS under the Bihta Block at that time.

Patna High Court CR. MISC. No.7954 of 2020(2) dt.29-02-2020 2/3 It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Nothing specific allegation has been alleged against the petitioner in the FIR. Similarly placed co-accused have been granted anticipatory bail by different co-ordinate bench of this court as contained in Annexure 2 and 3. Petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bihta P.S. Case No. 438 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.7954 of 2020(2) dt.29-02-2020 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T