Prabhat Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18286 of 2020 Arising Out of PS. Case No.-718 Year-2019 Thana- CHAPRA TOWN District- Saran ====================================================== PRABHAT KUMAR SINGH S/o Late Ganesh Singh R/o Pratap Pur, P.S.- Awtar Nagar, Distt- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh For the State :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 419, 420, 166 & 167 of the Indian Penal Code.

Allegedly, the petitioner being IVth grade employee of the college in question, extracted gratification money from different students in the name of admission, registration and filling of examination form.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.18286 of 2020(2) dt.13-08-2020 2/3 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. There is no substantive evidence to show that any wrongful loss has been caused by the petitioner to anyone. It is further submitted that the petitioner is ready to deposit an amount of Rs. 15,000/- which shall be subject to final outcome of the case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, on deposit of a sum of Rs. 15,000/- (Rs fifteen thousand only) in the Court below which shall be subject to final outcome of the case, let the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Town P.S. Case No. 718 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.18286 of 2020(2) dt.13-08-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T