Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23354 of 2025 Arising Out of PS. Case No.-752 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Suman Kumar S/o Shiv Kumar Singh EMP29023, R/o Village- Kharaita, P.S.- Chautham, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 752 of 2023 for the offence registered under sections 429, 406 of the IPC lodged on 25.07.2023. by the informant Premchand Kumar.
3. As per the prosecution story, the informant alleged that it is running a company providing loan to the poor ladies and the petitioner being Collecting Incharge took Rs. 1,92,300/- from the said ladies but did not deposit it, which led to the FIR.
4. Learned Counsel for the petitioner submits that he was clearing all the amount collected by him and also left the job whereafter the FIR has been lodged. The brother also submitted a petition in this regard to the Police but still he is facing the music. The last submission is that without accepting the allegation and/or
Patna High Court CR. MISC. No.23354 of 2025(2) dt.01-05-2025 2/3 the outcome of the present case, he shall be depositing a cash amount of Rs. 1,00,000/- to the 'NAZARAT' of Khagaria Civil Court and the outcome of the present case will decide the fate of the amount deposited.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that grave allegation is against the petitioner.
6. Though the allegation is there against the petitioner, he has shown his bonafide by depositing Rs. 1,00,000/- in the 'NAZARAT' of Khagaria Civil Court, FIR is there, he will be facing the music, in that background, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of cash amount of Rs. 1,00,000/- to the 'NAZARAT' of Khagaria Civil Court.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Khagaria in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 752 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.23354 of 2025(2) dt.01-05-2025 3/3 members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U