Saroj Kumar Singh @ Saroj Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41175 of 2017 Arising Out of PS.Case No. -214 Year- 2016 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Saroj Kumar Singh @ Saroj Singh, son of Late Raj Narain Singh, resident of Village : Chanari, P.S. : Sheosagar (Baddi), District : Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Food and Civil Supplies Corporation Limited, Pant Bhawan, Veerchand Patel Path, Patna through its Managing Director. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Advocate. For the Opposite Party/s : Mr. Akbar Ali, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sheosagar (Baddi) P.S. Case No. 214 of 2016 instituted for the offence under Sections 407, 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the entire dues amount of CMR has already been deposited by brother of this petitioner who was Chairman of the PACS, in support of which, certificate has been issued from Sasaram Bhabua Central Co-operative Bank Limited annexed as Annexure-2. It has further been submitted that delay took place in depositing the amount, as the brother of this petitioner namely Manoj Kumar Singh was suffering from cancer and he ultimately died, but prior to his death, he had already deposited the amount of Rs.30,06,105/- in Sasaram Bhabua Central Cooperative

Patna High Court Cr.Misc. No.41175 of 2017 (3) dt.03-01-2018 2/2 Bank Limited, on 19.10.2016, which is apparent from Annexure-2. The petitioner was Manager of the aforesaid PACS. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sheosagar (Baddi) P.S. Case No. 214 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2, Rohtas at Sasaram, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T