Rabindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11678 of 2023 Arising Out of PS. Case No.-142 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== Rabindra Kumar Singh Son Of Raj Narayan Singh R/O Village- Musepur, P.S.- Doriganj, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

B.S.F.C. Corporation Limited, Patna, Bihar through District Manager, BSFC, Siwan Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP For the BSFC :

Mr. Shailendra Kumar Singh, Advocate For the Bank :

Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2023

1. Heard learned counsel for the petitioner, learned counsel for the B.S.F.C., learned counsel for the Punjab National Bank and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No. 142 of 2022 registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code.

3. Shri Shailendra Kumar Singh, the learned counsel for the B.S.F.C., at the outset, in view of the counter affidavit filed by the learned counsel for the Punjab National Bank, submits that he has instructions from the Department not to oppose the anticipatory bail application of the petitioner. Learned counsel for the B.S.F.C. very fairly submits that it

Patna High Court CR. MISC. No.11678 of 2023(8) dt.16-08-2023 2/2 appears that the FIR was instituted inadvertently without verifying the facts of the case in its correct perspective when the bank guarantee submitted by the petitioner was genuine, the learned counsel for the B.S.F.C. next submits that he also has instruction to make submission that a proper application would be filed before the learned trial court for withdrawing the case against the petitioner.

4. Considering the submissions made by the learned counsel for the B.S.F.C., the petitioner above-named, in the event of his arrest or 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. 100/- (Rupees One Hundred) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Siwan Town P.S. Case No. 142 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

5. The counter affidavit filed by the Punjab National Bank is taken on record.

(Satyavrat Verma, J) Rishi/- U T