Patna High CourtCR. MISC./38449/2016bail granted

Barun Kumar Singh @ Barun Kr. Singh v. The State Of Bihar

2016-09-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38449 of 2016 Arising Out of PS.Case No. -81 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Barun Kumar Singh @ Barun Kr. Singh Son of Shri Sadhu Sharan Singh Resident of Village Raksel Tendua, P.S. Harihrganj, District- Palamu (Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sushil Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-09-2016 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, 420, 467, 4689 and 120(B) of the Indian Penal Code registered in connection with Aurangabad (Town) P.S. Case No. 81 of 2011.

3. It is submitted that the petitioner has been falsely implicated being merely an employee of the concerned company. It is further stated that the amount of Rs. 30,000/- in question has since been deposited by the Director of the Company namely, Mr. Surendra Mishra @ Surendra Kumar Mishra, who has been granted anticipatory bail by this Court in Cr. Misc. No. 11197 of 2015.

4. Having regard to the entirety of the facts and circumstances, 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

Patna High Court Cr.Misc. No.38449 of 2016 (2) dt.17-09-2016 2/2 satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 81 of 2011, 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 cooperate with the investigation 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) That 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. (v) That the amount of Rs. 30,000/- stands paid to the informant by the Director of the Company, Mr. Surendra Mishra @ Surendra Kumar Mishra, pursuant to the order dated 12.08.2015 in Cr. Misc. No. 11197 of 2015.

Chandran/BT (Vikash Jain, J) U T