Ram Balak Singha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14990 of 2020 Arising Out of PS. Case No.-125 Year-2011 Thana- AKBARPUR District- Nawada ====================================================== RAM BALAK SINGHA Son of Late Baldeo Singh Resident of Chhotki Amma, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Akbarpur P.S. Case No. 125 of 2011, registered for the offences punishable under Sections 406, 409 of the Indian Penal Code. It is alleged that for the financial year 1994-95, the money was provided for construction of bricks under a government scheme, to the government servant and Secretary, Bricks Construction Committee, but after manufacturing the bricks, neither brick was supplied nor the money was returned. There is allegation defalcation of Rs. 1,25,000/- against the

Patna High Court CR. MISC. No.14990 of 2020(2) dt.02-07-2020 2/2 petitioner.

It is submitted that petitioner has been falsely implicated in this case. The occurrence of of 1994-95, but the FIR was lodged in the year 2011. There is no substantive progress in the trial. Petitioner is aged about 90 years. Moreover, similarly situated co-accused has been granted anticipatory bail by this court vide order dated 12.08.2015 passed in Cr. Misc. No. 31885 of 2015.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six 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 the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 125 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T