Varun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41861 of 2016 Arising Out of PS.Case No. -371 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Varun Kumar Singh, Son of Sri Amlesh Kumar Singh, Resident of VillageDeoria, Police Station- Koilwar, District Bhojpur, Ara. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rana Vikram Singh, Advocate For the Opposite Party : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Kotwali P.S. case no. 371 of 2016 registered for the offence punishable under Sections 467, 468, 471, 419, 420, 379, 120B, 409 and 34 of the Indian Penal Code.

Allegedly, petitioner after pasting his photo got open account in the name of Braj Kishore, the informant and got transferred an amount of Rs. 2.46 lacs and misappropriated the same by signing in the name of the informant. Submission is of false implication and that the father of the petitioner has deposited Rs. 2.46 lacs which has been seized as per seizure list which is mentioned in para 14 of the case

Patna High Court Cr.Misc. No.41861 of 2016 (3) dt.22-10-2016 2/3 diary. The petitioner is in custody since 07.08.2016 having no criminal antecedent. The amount which has been alleged to be misappropriated has already been deposited before the Investigating Officer and the informant is at liberty to withdraw that amount for which, the petitioner or his father has got no objection and as such, now the petitioner deserves sympathetic consideration. Charge-sheet has already been submitted against the petitioner and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering that the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence and further considering that the loss amount has already been deposited by the father of the petitioner and the informant is at liberty to withdraw that amount for which neither the petitioner nor his father has got any objection and as such, now the petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. case no. 371 of 2016 subject to the conditions that one of the bailors must be

Patna High Court Cr.Misc. No.41861 of 2016 (3) dt.22-10-2016 3/3 near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail. (Jitendra Mohan Sharma, J.) rinkee/- U T