Sanjiv Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7942 of 2020 Arising Out of PS. Case No.-129 Year-2015 Thana- RIGA District- Sitamarhi ====================================================== SANJIV KUMAR @ SANJEEV KUMAR Son of Narayan Sah @ Ram Narayan Sah Resident of Village - Maibi, P.S.- Bathnaha, Distt - Sitamarhi. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jaleshwar Baitha Son of Late Bhulkan Baitha Branch Manager Sirauli, Resident of Village - Baidhnathpur, P.O. - Baluka Ram, P.S.- Vaishali, Distt - Sitamarhi. At present R/o - Sirauli, P.S.- Riga, Distt - Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 409 and 420 of the Indian Penal Code. The prosecution case in short is that the accused person collected money from the customers after giving deposit slip to them but later had not deposited in the Bank. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.7942 of 2020(3) dt.08-06-2020 2/3 the petitioner is in custody since 4.12.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. It is further submitted that the petitioner is ready to deposit a sum of Rs. 50,000/- (fifty thousand) in the court below which shall be subject to the result of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on provisional bail on furnishing of bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 129/15.

Once the petitioner deposits a sum of Rs. 50,000/ (fifty thousand) in the court below within a period of three months which shall be subject to the result of the case, within the stipulated period, the Court below shall confirm the provisional bail granted to the petitioner. If the petitioner fails to comply with the aforesaid direction within the stipulated

Patna High Court CR. MISC. No.7942 of 2020(3) dt.08-06-2020 3/3 time, the Court below will be at liberty to cancel the provisional bail granted to the petitioner.

(Sudhir Singh, J) Pankaj/- U T