Santosh Singh @ Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73211 of 2018 Arising Out of PS. Case No.-199 Year-2017 Thana- NAUHATTA District- Saharsa ====================================================== Santosh Singh @ Santosh Kumar Singh, son of Ganga Pd. Singh, resident of village-Hempur, P.S.- Nauhatta District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Nauhatta P.S. Case No. 199 of 2017 instituted for the offence under Section(s) 406, 420, 384/34 Indian Penal Code.

Learned counsel for the petitioner has submitted that earlier Block Development Officer, Nauhatta had lodged Nauhatta P.S. Case No. 178/2015 for the offence under Section 409 of the Indian Penal Code against the informant of the present case, who was Panchayat Secretary of Kahra Block, Saharsa, alleging therein that she had misappropriated an amount of Rs. 28,00,500/- which was meant for different schemes of government. Thereafter informant of present case had filed anticipatory bail petition vide Cr. Misc. No. 23458/2017, which was rejected by a Co-ordinate Bench of this

Patna High Court Cr.Misc. No.73211 of 2018(2) dt.07-12-2018 2/2 Court. Thereafter she filed S.L.P. (Cri.) No. 8660/2017 before the Hon'ble Supreme Court. But no relief was granted to him, which would appear from Annexure-4 to the bail petition. The informant has lodged the instant F.I.R. alleging that she had given cheque to Sunil Kumar Singh for giving bricks etc. Learned counsel for the petitioner has submitted that Sunil Kumar Singh has already been granted bail from the court below itself.

Informant has alleged in the written report that this petitioner had advised to make payment of amount to Sunil Kumar Singh.

Petitioner is in custody since 28.08.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Nauhatta P.S. Case No. 199 of 2017, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) rakhi/- U T