Kamakhya Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63216 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Kamakhya Narayan Singh, Son of late Basistha Narayan Singh, resident of Village- Rulahi, P.S.- Manjhaulia, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kr. Thakur : Mr. Pravin Kumar : Mr. Ramendra Kr. Bharti For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Manjhaulia PS case no. 10 of 2017 registered for the offences punishable under Sections 406, 409/34 of Indian Penal Code.
The allegation against the petitioner herein is that while he was the Chairman of the concerned PACS, he is said to have engaged in insuring the crops of the members outside the said PACS and further allegation is regarding the swindling of amount of insurance claim.
Patna High Court Cr.Misc. No.63216 of 2017 (2) dt.30-01-2018 2/3 The learned counsel for the petitioner submits that neither of the allegations leveled are true in view of the letter of the informant which is annexed as Annexure-3 to the present writ petition and is dated 07.06.2014, which goes to show that many of the PACS members of the Rulahi PACS (of which the petitioner herein is said to be the Chairman) have not been given compensation arising of crop insurance coverage. It is further submitted that even the Agricultural Insurance Company of India Ltd. by his letter dated 28.05.2014 has repudiated the entire claim of the said PACS for the year 2009-10, as is apparent from Annexure-4. It is further submitted that the petitioner has a clean antecedent.
Having regards to the facts and circumstances of the case, more particularly the fact that prima facie no loss has been caused to the farmers, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West
Patna High Court Cr.Misc. No.63216 of 2017 (2) dt.30-01-2018 3/3 Champaran in connection with Manjhaulia PS case no. 10 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T