Binay Kumar Sinha @ Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23368 of 2024 Arising Out of PS. Case No.-518 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== BINAY KUMAR SINHA @ BINAY KUMAR S/O BRIJNANDAN PRASAD R/O VILLAGE- SAWANGIYA, P.S- MADHUBAN, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406/420/467/468/471 / 120(B)/34 of the Indian Penal Code and Bihar Prohibition of Interest of Deposition Act 19 of 2013.

3. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. From bare perusal of F.I.R., it is apparent that transaction was made by the informant in Bettiah branch of Swarn India Multi State Credit Cooperative Society Ltd., whereas petitioner was posted in Chakia branch of the said Society and thus, petitioner is no where concerned with the alleged transaction. However, he is ready to deposit a sum of Rs. 50,000/- at the time of furnishing bail-bond subject to the outcome of the case.

Patna High Court CR. MISC. No.23368 of 2024(2) dt.20-03-2024 2/2

4. However, learned A.P.P. vehemently opposes the prayer for anticipatory bail.

5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 518 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions:

(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 50,000/- (Rupees fifty thousand) through cash in the Nazarat of Civil Court, Bettiah, West Champaran.

(B) The aforesaid payment shall be subject to final outcome of the case.

(C) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel his bail-bond."

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