Vivek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34866 of 2019 Arising Out of PS. Case No.-229 Year-2018 Thana- SHIVSAGAR District- Rohtas ====================================================== VIVEK KUMAR SINGH Son of Late Sri Madhav Prasad Sharma Resident of Village - Hiramanpur P.O. Hiramanpur, P.S.- Varanasi, Dist.- Varanasi (Utter Pradesh) ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Kumar, Advocate For the Opposite Party :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406/420/34 of the Penal Code.

At per the allegation, three persons including the petitioner had been made accused for the shortage of Rs.5 lacs in the bank.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case having no criminal antecedent. However, he is ready to pay one third of the amount, subject to the final outcome of the instant case. Other co-accused Md. Jamil Ansari has already been allowed anticipatory bail by a bench of this Court vide order dated 17.12.2018, passed in Cr.Mis.No. 71101 of 2018 on the

Patna High Court CR. MISC. No.34866 of 2019(2) dt.30-05-2019 2/2 condition of depositing approx Rs.1,76,000/-. Considering the facts of the case, let the petitioner, above named, in the event of her arrest/surrender before the Court below within a period of four weeks from the date of receipt of the order, be released on provisional bail for four months on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate, Rohtas at Sasaram in Sheosagar Police Station Case No. 229 of 2018 on the condition that the petitioner shall deposit approx Rs.1,67,000/- and on deposit of the same provisional bail granted by this Court shall be made absolute by the court below within other condition laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Prabhat Kumar Singh, J) Shashi U T