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Patna High CourtCR. MISC./37647/2014bail granted

Padmanand Singh @ Padamanand Singh v. The State Of Bihar

2015-03-19Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37647 of 2014 Arising Out of PS.Case No. -312 Year- 2014 Thana -FORBESGANJ District- ARRARIA ====================================================== Padmanand Singh @ Padamanand Singh son of Late Shivanand Singh resident of village Dallu Tola, P.S. Forbesganj, District Araria. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1044 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Santosh Kumar Sah Son of Laxmi Sah Resident of Village - Dumariya, Kursa Kanta, Police Station - Kursa Kanta in the district of Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.10543 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Sanjay Kumar Thakur @ Pappu Sharma Son of Dina Nath Thakur, R/o Mohalla - Shiv Mandir Road, Bara Ward No. 14, P.S. - Farbisganj and District - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.37647 of 2014) For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Satyavarat Verma (App) (In Cr.Misc. No.1044 of 2015) For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Pawan Kumar Chaurasia(App) (In Cr.Misc. No.10543 of 2015) For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

Patna High Court Cr.Misc. No.37647 of 2014 (2) dt.19-03-2015 19-03-2015 Heard both sides.

Since all these three anticipatory bail applications arise out of one and the same Forbesganj P.S. Case No. 312/2014, they have been heard together and are being disposed of by this common order.

The petitioners apprehend their arrest in a case under section 409 and other allied Sections of the Indian Penal Code.

Petitioner Padmanand Singh is a Halka Karamchari. He retired in the year 2009 but again he was appointed on the post of Halka Karamchari on contract basis. It is alleged that petitioner Padmanand Singh employed two agents who collected land revenue from the farmers. The petitioners and his two agents, namely, Santosh Kumar and Sanjay Kumar Thakur collected Rs.53,858.30 P out of which the petitioners deposited only Rs.3417.75 P.

Sri Krishna Prasad Singh, learned Senior Counsel for the petitioners submits that although petitioner Padam Singh entrusted the work of collecting land revenue to Santosh Kumar and Sanjay Kumar and they did not deposit money in the government treasury but now he is ready to deposit the entire amount amounting to Rs. 50,440.55 P within one month.

Patna High Court Cr.Misc. No.37647 of 2014 (2) dt.19-03-2015 Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below, if petitioner Padmanand Singh deposits the amount of Rs. 50,440.55 P in the government treasury within one month from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 312 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U