Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13981 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Arvind Kumar, son of Ram Chandra Prasad Singh @ Ram Chandra Singh, resident of village - Korbadha, P.S. Samastipur Muffasil, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Ravi Ranjan, Advocates For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Samastipur Muffasil P.S.Case No. 50 of 2017 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner was Manager of Korbadha PACS, who has been illegally removed from the post of Manager when new Chairman was elected and he has challenged the order of removal before this Court and the writ petition was dismissed with liberty to the petitioner to remove before the appropriate authority and he has moved the Registrar, Co-operative Societies and the Registrar, Co-

Patna High Court Cr.Misc. No.13981 of 2017 (3) dt.06-04-2017 2/3 operative Societies has finally allowed the objection of the petitioner vide order dated 16.9.2016 passed by DCO (Annexure5) but thereafter the present case has been filed alleging that petitioner has misappropriate an amount of Rs.49,360/- and he has taken money from large number of persons and petitioner is in custody since 3.2.2017.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-V, Samastipur, in connection with Samastipur Muffasil P.S.Case No. 50 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to

Patna High Court Cr.Misc. No.13981 of 2017 (3) dt.06-04-2017 3/3 appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(iv) After submission of charge-sheet petitioner will co-operate in the case and assist the Investigating Officer, otherwise bail bond of the petitioner shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U