Ravindra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49843 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Ravindra Kumar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Samastipur Muffasil P.S.Case No. 195 of 2018, registered for offences punishable under Sections 341, 323, 379, 406, 420, 504 and 506/34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioner, who happens to be Manager of the PACS, is of mis-appropriation of the amount of the complainant/ informant and when the complainant demanded his money, the petitioner along with others assaulted the petitioner and snatched his bag containing Rs. 25,000/-, a wrist watch and other documents also. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated and allegation under Section 379 of Indian Penal Code against the petitioner is only ornamental in nature. It is also submitted that the petitioner
Patna High Court Cr.Misc. No.49843 of 2018 (2) dt.30-08-2018 2/3 is only manager of PACS and he has no administrative power to sign on the documents, rather main allegation is against Chairman of PACS but he died due to pressure of this informant and after his death, the informant was lodged this false case against the petitioner and petitioner has no criminal antecedent. Heard learned A.P.P. opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.
- V, Samastipur in connection with Samastipur Muffasil P. S. Case No. 195 of 2018 till submission of chargesheet, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
Further petitioner shall co-operate in the investigation and produce the papers before the Investigating Officer showing that he has deposited the money. However, once the charge-sheet is submitted even after the investigation and the case is found true against the petitioner, the petitioner shall surrender before the
Patna High Court Cr.Misc. No.49843 of 2018 (2) dt.30-08-2018 3/3 learned Court below and make prayer for regular bail, which will be considered on the basis of materials available on record. This application is accordingly disposed of.
(Vinod Kumar Sinha, J) Sudha/- U T