Srikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46953 of 2022 Arising Out of PS. Case No.-347 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== SRIKANT SINGH S/o Late Jaykishor Singh Resident of Village- Gopalpur, Tole- Vishwan, P.O. Gopalpur, P.S.- Basantpur (Lakri Nabiganj), DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awnish Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Basantpur (Lakri Nabiganaj) P.S. Case No. 347 of 2021, registered for the offences punishable under Sections 406, 420/34 of the Indian Penal Code.

The petitioner is a Chairman of PACS. The informant is Block Cooperative Officer. He has made allegation that without permission of the Department, the petitioner started depositing the money of the members of the PACS and he has

Patna High Court CR. MISC. No.46953 of 2022(2) dt.30-11-2022 2/3 mis-appropriated the money deposited by the investors. The learned counsel for the petitioner has submitted that the PACS was audited by the Auditor deputed by the Cooperative Department and he didn't find any irregularity or financial mis-appropriation. He has submitted further that the depositors did not come forward to say that their money has been mis-appropriated by the PACS or the Chairman of the PACS. The petitioner is a person of clean antecedent and he is under custody since 14.06.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate in connection with Basantpur (Lakri Nabiganaj) P.S. Case No. 347 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the

Patna High Court CR. MISC. No.46953 of 2022(2) dt.30-11-2022 3/3 learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T