Shankar Singh @ Shankar Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30440 of 2018 Arising Out of PS.Case No. -27 Year- 2014 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. SHANKAR SINGH @ SHANKAR KR. SINGH, S/o- Preeti Singh, R/oJalpaiguri, NJP Railway Station, Railway Hospital Road Quarter No- A/40, P.O.+ P.S.- Bhaktinagar, District- Jalpaiguri, West Bengal. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Singh For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 The petitioner is apprehending his arrest in connection with Kishanganj P.S. Case No. 27/2014, registered for offences punishable under Sections 406 and 420 of the Indian Penal Code. Prosecution story is that informant and large number of persons deposited their money in one Golden Indian Project Limited, Siliguri Branch, but the company is not returning their money and they have deposited the money on the assurance of the petitioner. It has been submitted on behalf of the petitioner that the list of beneficiary supplied by the informant does not contain the name of informant himself and petitioner has falsely been implicated in this case and he happens to be only the agent of the said company. Moreover, he is ready to return the said money, if reasonable time is allowed.
Heard learned A.P.P. as well as learned counsel for the informant opposed the prayer for bail and submitted that the
Patna High Court Cr.Misc. No.30440 of 2018 (3) dt.13-07-2018 2/2 petitioner has swallowed the money of the informant and others to the tune of Rs. 4,32,000/- and is not ready to return the same. Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender before the court below within a period of six weeks along with a demand draft of Rs. 1,32,000/- drawn in favour of the persons, whose names are mentioned in the F.I.R in the concerned court below and the court below after verifying the same, shall release the petitioner on provisional bail for a period of six months, during which period, the petitioner shall deposit the rest of the amount in equal installment of Rs. 1 lac in the first week of alternative months and only after payment of full amount of Rs. 4,32,000/-, the court below shall confirm the provisional bail of the petitioner, otherwise, he is free to pass any order/orders as he deems fit and proper.
It is made clear that the above amount so deposited in the court shall be released in the favour of the persons, whose names are mentioned in the list including the informant. It is also made clear that the aforesaid amount will be subject to the outcome of the case.
(Vinod Kumar Sinha, J) sunil/- U T