Patna High CourtCR. MISC./50059/2016disposed

Satish Kumar And ANR v. The State Of Bihar

2016-12-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50059 of 2016 Arising Out of PS.Case No. -151 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Satish Kumar son of Ganesh Paswan, Resident of Village- Silauta, P.S.- Chand, District- Kaimur at Bhabua.

2. Vijay Kumar son of Dingar Ram, Resident of Village- Konhara, P.S.- Chand, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Prayer for anticipatory bail of petitioner No.2 has already been dismissed as withdrawn by order dated 22.11.2016. Heard learned counsel for the petitioner No.1 and learned APP for the State.

The petitioner No.1 is apprehending his arrest in a case registered under Sections 269, 406 and 420 of the Indian Penal Code.

Allegation is that the petitioner has misappropriated an amount of Rs.15,000/- from the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.50059 of 2016 (3) dt.02-12-2016 petitioner has been accused due to mistake of fact. It is further submitted that the petitioner No.1 is ready to deposit an amount of Rs.15,000/- in the court below, which shall be subject to final disposal of the case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner No.1 shall deposit an amount of Rs.15,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner No.1, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chand P.S. case No.151 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T