Deo Muni Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15421 of 2020 Arising Out of PS. Case No.-777 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== DEO MUNI SINGH Son of Bechu Singh, Resident of Village - Kohari, P.S.- Bhabua, Dist.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subash Chandra Gupta Son of Jai Shankar Prasad, Resident of Village - Upari, P.S.- Ramgarh, Dist.- Kaimur at Bhabua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.(Dr.) Amrendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.777C of 2016 registered under Sections 420, 406, 120(B) and 34 of the Indian Penal Code.

The complainant alleged that the petitioner, Santosh Kumar Rai and others took rice worth Rs.13,34,466/- but they did not pay the amount.

Learned counsel for the petitioner submits that the complainant did not make any allegation against the petitioner. The petitioner was only accompanying Santosh Kumar Rai. Santosh Kumar Rai purchased rice on credit from the complainant. No chit of paper is filed showing purchase of rice

Patna High Court CR. MISC. No.15421 of 2020(3) dt.16-09-2020 2/3 by the petitioner from the complainant, but it appears from perusal of the order of learned 1st Additional Sessions Judge, Kaimur at Bhabua that Santosh Kumar Rai was granted regular bail by a coordinate bench of this court by order passed in Cr.Misc.No.33083 of 2017 on his undertaking to deposit Rs.6,50,000/- out of Rs.13,34,466/-. Learned counsel for the petitioner submits that the petitioner is also ready to deposit Rs.2 lakhs within two months from the date of receipt of this order in the court below subject to the result of the case. Taking into consideration the facts and the undertaking of the petitioner to deposit Rs.

2 lakhs within two months from the date of receipt of this order in the court below subject to the result of the case, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, District-Kaimur at Bhabua in connection with Complaint Case No.777C of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.15421 of 2020(3) dt.16-09-2020 3/3 If the petitioner fails to deposit Rs.2 lakhs within two months from the date of receipt of this order in the court below, the learned court below shall cancel the bail bond of the petitioner immediately thereafter.

(Prabhat Kumar Jha, J) Harish/- U T