Praween Kumar @ Praveen Kumar Sinha v. The State Of Bihar

Patna High Court Cr.Misc. No.28478 of 2015 (3) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28478 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Praween Kumar @ Praveen Kumar Sinha Son of Late Mahesh Chandra Mani resident of village - Khataka Chak Maranpur, P.S. Civil Line, District - Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Kumar Singh For the Opposite Party : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is apprehending his arrest in a case instituted under Sections 406 and 420 of the Indian Penal Code and Sections 3(i)(x) of the SC/St Act.

It is alleged by the informant that co-accused Arun Kumar being the teacher in the house of the informant with the help of petitioner allured and instigate to invest the money in the company and on investment of Rs.80,000/- and asked him to return the money then abusing his with filthy language including caste name.

It has been submitted on behalf of the petitioner that petitioner has got no criminal antecedent. Petitioner has been

Patna High Court Cr.Misc. No.28478 of 2015 (3) dt.01-10-2015 made accused due to mistake of fact. It is further submitted that other co-accused has been granted anticipatory bail by this Court in Cr.Misc.No.16173 of 2015. As far as the provisions of SC/ST Act is concerned, same is not made out against the petitioner. On behalf of the State, it has been submitted that the petitioner is named in the FIR and it appears from the impugned order that the petitioner has got one more criminal case. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Kotwali P.S.Case No.172 of 2015, G.R.No.2113 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is further directed that at the time of surrender of the petitioner, the court below shall verify whether the petitioner has got any criminal antecedent or not, if the petitioner has got criminal antecedent, in such circumstances, the bail bonds of the petitioner shall not be accepted by the court below. B.Kr./- (Sudhir Singh, J) U T