Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10824 of 2019 Arising Out of PS. Case No.-6 Year-2016 Thana- MADHEPUR District- Madhubani ====================================================== Raj Kumar Singh Son of Sri Rameshwar Singh R/o Village and P.ORamchandra, P.S- Madhepur, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Jha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 467, 468, 409, 406 and 34 of the Indian Penal Code.

The prosecution case, in brief, is that a forge account was got opened in the name of wife of the informant and the amount so deposited in that account meant for Indira Awas, was withdrawn by the accused persons It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the FIR. In course of investigation, the petitioner was made accused due to mistake of fact. The

Patna High Court Cr.Misc. No.10824 of 2019(2) dt.25-02-2019 2/2 amount in question has already been deposited by the coaccused namely, Basant Sah. The other co-accused with similar allegation have been granted anticipatory bail by co-ordinate benches of this court vide Annexure-2 series to this application. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Madhepur P.S. Case No. 06 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T