Sant Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48295 of 2024 Arising Out of PS. Case No.-5993 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Sant Kumar Singh S/O Ram Kripal Singh Director Marketing Manager, Mahindra and Mahindra Financial Services Ltd. having its local regional office at Plot No. 6 Near Children Park Srikrishnapuri PS Srikishnapuri District Patna Presently posted at Lucknow Circle office as Director Marketing Manager, Mahindra Financial Services Ltd. 2.

Nawnit Sinha S/O Ramesh Chandra Sinha presently posted as Manager, Commercial Vehicle Dept, Mahindra and Mahindra Financial Services Ltd. having its regional office at Plot No. 6 Near Children Park Srikrishnapuri PS Srikishnapuri District Patna and another office at 147, Patliputra colony,Behind Sahyog Hospital, P.S. Patliputra, Patna 800013 3.

Yogesh Kumar Singh S/O Late Kameshwar Prasad Singh Ex-collection Executive, Mahindra and Mahindra Finance Services Ltd. having its regional office at Plot No. 6 Near Children Park Srikrishnapuri PS Srikishnapuri District Patna and one branch office at 2nd floor, above Jio showroom, N.H. 139, P.S. Arwal, Distt- Arwal 804401 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajeev Kumar S/O Late Baban Rai R/O Mohalla- Nakata Diyara, Digha Ghat, P.S. Digha Town and Distt-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2024 Heard Mr. Shivendra Kumar Roy, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. Nobody appears on behalf of opposite party no.

2. A supplementary affidavit has been filed on behalf of the petitioners, in para-4 of which, it is stated that in compliance of

Patna High Court CR. MISC. No.48295 of 2024(5) dt.03-12-2024 2/3 this Court's order dated 29.10.2024, the newspaper publications had been made in Hindi daily newspaper, "Hindustan" and the English daily newspaper- "The Time in India".

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 468, 471, 120B, 34 of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the petitioners along with other co-accused persons have committed a scam in financing a tractor two time by two different financers and selling the same tractor to two different persons.

5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that opposite party no. 2 has filed Consumer Case No. 299 of 2022 against the petitioners, which is pending in the District Consumer Forum. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposes prayer for anticipatory bail.

7. Having regard to the facts and circumstances of

Patna High Court CR. MISC. No.48295 of 2024(5) dt.03-12-2024 3/3 the case and it is civil/money dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complaint Case No.5993(C) of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T