Binay Kumar Singh @ Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24453 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== BINAY KUMAR SINGH @ VINAY KUMAR SINGH Son of Late Priyabrat Narayan Singh Resident of Village - Punama Partapnagar, P.S.- Naugachia, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 408, 409, 420, 120B IPC registered in connection with Sanokhar (Amdanda) P.S. Case No. 153 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation of misappropriation of Government funds. The petitioner has been implicated as he happens to be the Panchayat Secretary. After due investigation the Block Development Officer, it was found not to be a case of misappropriation rather merely one of excess expenditure. Other co-accused persons namely, Smt. Indrawati Devi @ Indrawati Devi and Anil Kumar Singh @ Anil Prasad Singh have been granted anticipatory bail by this Court in Cr. Misc. Nos. 15894 of 2019 and 19250 of 2019, respectively. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.24453 of 2019(3) dt.22-07-2019 2/2 CJM, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 153 of 2018., subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T