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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38689 of 2016 Arising Out of PS.Case No. -79 Year- 2011 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Barun Kumar Singh @ Baroon Kumar Singh Son of Shri Sadhu Sharan Singh resident of Village- Raksel Tendua, P.S. Hariharganj, District Palamau (Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bindhayachal Singh, Mr. Sushil Kumar Singh, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2016 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, 468 and 120B of the Indian Penal Code registered in connection with Aurangabad (Town) P.S. Case No. 79 of 2011.

3. It is submitted that the petitioner has been falsely implicated as he was no longer an employee of the concerned company, namely, O.C.P.L. having left in the month of April, 2009, whereas the date of occurrence stated to be 15.12.2010. The FIR has been instituted after an inordinate delay on 16.03.2011 for the said occurrence. Similarly situated co-accused Kumkum Mishra has been granted anticipatory bail by this Court in Cr. Misc. No. 35411 of 2015.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of

Patna High Court Cr.Misc. No.38689 of 2016 (2) dt.26-09-2016 2/2 communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad (Bihar) in connection with Aurangabad (Town) P.S. Case No. 79 of 2011, G.R. No. 533 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) 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. (Vikash Jain, J) B.T/Chandran U T