Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17699 of 2022 Arising Out of PS. Case No.-242 Year-2011 Thana- SUPAUL District- Supaul ====================================================== SANTOSH KUMAR Son of Nand Kishore Prasad Singh Resident of Village - Usri, P.S. - Gogari Jamalpur, District - Khagaria at present Tankak Clerk, District - Gabya Vikash Office, Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 409, 406, 467, 468 and 471 of the Indian Penal Code. The prosecution case in nutshell is that petitioner and informant are co-villagers and having nearest relationship. On 21.05.2011, petitioner came with his monthly attendance register and give a cheque of Rs.3,60,000/- for withdrawal issued by Sri Anmol Kumar, District Gabya office. As the child of the petitioner was suffering from Thailsimiya disease, informant/complainant gave him Rs.20,000/- as loan in his bank account and gave rest amount after returning from Delhi and made signature over the withdrawal voucher of SBI and

Patna High Court CR. MISC. No.17699 of 2022(2) dt.20-09-2022 2/2 deposited it and now he is absconding.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner's son was suffering from Thailsimiya disease and undergoing treatment at AIIMS, Delhi and the petitioner had to go to Delhi for his care but after death of his son, petitioner lost his patience and living in grief. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four 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 CJM, Supaul in connection with Supaul P.S. Case No. 242 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U