Patna High CourtCR. MISC./20514/2015bail granted

Saroj Kumar Singh v. The State Of Bihar

2015-06-29Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.20514 of 2015 (3) dt.29-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20514 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Saroj Kumar Singh Son of Late Sheopujan Singh, resident of villageBajarkone, P.S. Kudra, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 12.04.2015 in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

Admittedly, a deed of agreement was executed between the petitioner and Bihar State Food & Civil Supplies Corporation Ltd. and it was agreed between the parties vide para15 of the aforesaid deed of agreement that any amount found recoverable on account of default, loss, damage, the said recoverable amount with interest will be recovered under Bihar and Orissa Public Demand Recovery Act, 1914 by instituting a Certificate Case before the concerned Certificate Officer.

Patna High Court Cr.Misc. No.20514 of 2015 (3) dt.29-06-2015 It is submitted on behalf of the petitioner that up till now, no certificate case has been instituted by the concerned authorities and without institution of certificate case, the present case has been lodged. It is further contended by him that having more or less similar allegation, several co-accused persons have already been granted privilege of anticipatory bail by different Benches of this Court.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 71 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T