Barun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52012 of 2017 Arising Out of PS.Case No. -30 Year- 2011 Thana -JAMHORA District- AURANGABAD ====================================================== Barun Kumar Singh S/o Sadhu Saran Singh, Resident of Village-Ruxaul Tendua, P.S.-Hariharganj, District-Palamu (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. For the Opposite Party/s : Mrs. Gulnar Begum, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 30.08.2017 in connection with Jamhore P.S. Case No. 30 of 2011 for the offence registered under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is an employee of the OPCL Company and the depositors being not satisfied with the return of the money have filed various cases against the petitioner and the Company. So far as the petitioner is concerned, he is merely the Manager whereas the entire money was deposited in the account of OPCL Company and it is the Company, who has cheated the depositors and not the

present petitioner, who is only an employee of the said company. It is further submitted that several other cases were also lodged against him in which he has been granted the privilege of anticipatory bail. It is further submitted that the Director of the OPCL Company has been granted bail by this court vide order dated 28.03.2017 passed in Cr. Misc. No. 10684 of 2017. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 30 of 2011, subject to the following conditions:-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail

bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U