Santosh Kumar Singh @ Sudhir Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43831 of 2017 Arising Out of PS.Case No. -375 Year- 2013 Thana -KHAZANIHAT District- PURNIA ====================================================== Santosh Kumar Singh @ Sudhir Prasad Singh Son of Late Rameshwar Prasad Singh, R/o Village- Pakauli, P.S.- Baidupur, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jagnnath Singh, Advocate For the Opposite Party/s : Mr. Smt. Indu Bala Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, in the present case, is seeking anticipatory bail in connection with K. Hat (Sahayak) P.S. Case No. 375 of 2013 for the offences under Sections 420, 406, 467, 468 & 471 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Purnea. Learned counsel for the petitioner submits that there is a dispute with respect to identity of the accused. Learned counsel further submits that name of this petitioner has been brought in this case only because he was an accused in Awatar Nagar P.S.Case No. 124/2015. In order to show his bona fide the petitioner is ready to deposit Rs. 3,96,000/- in the court below subject to result of the case.

Patna High Court Cr.Misc. No.43831 of 2017 (3) dt.17-10-2017 On the other hand, learned APP opposes the prayer for bail and submits that this petitioner was the person who had got delivery of the generator sets from the firm of the informant by handing over fake demand draft. Considering the facts and circumstances, if the petitioner in terms of his own submission deposits a sum of Rs. 3,96,000/- in cash in the court below within a period of one month fro today, in the event of his arrest/surrender before the court below within a period of four weeks, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with K. Hat (Sahayak) P.S. Case No.

375/2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that he will cooperate in course of trial and two regular default in putting appearance before the trial court would lead to cancellation of bail. The deposit will be subject to the result of the case.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T