Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27850 of 2020 Arising Out of PS. Case No.-76 Year-2018 Thana- GHOSWARI District- Patna ====================================================== RAKESH KUMAR SINGH Son of Late Ram Binod Singh Nagir Anchal Karyalaya Ghoswari, Resident of Village - Khakhasa Bujurg, P.S.- Desari, District - Vaishali.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Anchaladhikari Ghoswari, Smt. Seema Rani Daughter of Shri Prabhat Ranjan , P. S. - Ghoswari, Patna., Resident of Village - Anarudh Belasar, P.S. - Belasar, District - Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409, 419, 420 of the Indian Penal Code.

Patna High Court CR. MISC. No.27850 of 2020(2) dt.04-12-2020 2/3 Allegation is that the petitioner defalcated the government money.

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 petitioner has been made accused due to mistake of fact. The petitioner is a Nazir in the treasury department. Whatever payments was made, that was made as per the official order of the superiors under different heads. Only with the sanction order of the superiors, the payments is said to have been made, which is evident from Annexure 2, 3 and 4 to the present application.

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

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 A.C.J.M., Barh, Patna in connection with Ghoshwari P.S. case No.76 of 2018, subject to the conditions as laid down under Section 438(2) of

Patna High Court CR. MISC. No.27850 of 2020(2) dt.04-12-2020 3/3 the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T