Mantu Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69760 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- NAVINAGAR District- Aurangabad ======================================================

1. Mantu Kumar Singh S/o Dadan Singh R/o Village Madhe,P.S. Badem,O.P.,Distt.-Aurangabad

2. Smt. Amita Devi W/o Jaikumar, R/o Village Majhiyanw,P.S. Badem O.P.,Distt.-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 406, 409/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons have not supplied required quantity of CMR and misappropriated the government money.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. The petitioner no. 1 is the Chairman and petitioner no. 2 is the Manager of Mahuawan PACCS. The allegation is in respect of misappropriation of Rs. 56,93,219.35/ of the PACCS. A sum of Rs.

Patna High Court Cr.Misc. No.69760 of 2018(4) dt.28-01-2019 2/2 10 lacs have already been deposited by petitioner no. 1. It is further submitted that the petitioner no. 1 is ready to deposit the remaining 46, 93,219.35/- in the Court below within a period of three months from today which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. 46, 93,219.35/- by the petitioner no. 1 in the Court below which shall be subject to final disposal of the cas e , let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of 13 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Nabinagar (Badem O.P.) P.S. Case No. 250/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T