Prabhat Kumar Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35742 of 2019 Arising Out of PS. Case No.-662 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== PRABHAT KUMAR SINHA Son of Arunoday Kumar @ Arunoday Prasad @ Arun Kumar Sinha Resident of Village - Tillak Nagar, P.S.- Town, Dist.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 419, 420, 467 and 468 of the Indian Penal Code.
The prosecution case is that an enquiry was conducted in pursuance to the order of the District Magistrate, Begusarai, with regard to the benefit being received by the beneficiaries in the District Registration and Counseling Centre under the several schemes of Chief Minister Seven Resolution, when it was found that Rs. 2,87,000/- has been deposited in the bank account of one Prabhat Kumar Sinha, in Punjab and Sindh Bank, Begusarai, leading to registration of the F.I.R. Though the
Patna High Court CR. MISC. No.35742 of 2019(3) dt.30-08-2019 2/3 petitioner was not named in the F.I.R. but his name subsequently sprang up during investigation on the basis of confessional statement of co-accused.
Learned counsel for the petitioner submits that coaccused namely Chandan Paswan @ Chandan Kumar, Raju Kumar and Arvind Kumar have been granted bail by order dated 08.02.2019 in Cr. Misc. No. 7408 of 2019, by order dated 14.03.2019 in Cr. Misc. No 9603 of 2019 and by order dated 06.03.2019 in Cr. Misc. No. 13685 of 2019. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that petitioner has no criminal antecedent and he is languishing in judicial custody since 21.11.2018.
In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Nagar (Town) Police Station Case No. 662 of 2018, subject to the conditions that:
(I) Bailors should be local having sufficient
Patna High Court CR. MISC. No.35742 of 2019(3) dt.30-08-2019 3/3 immovable property within the jurisdiction of the court concerned.
(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below. (III) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T