Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49686 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Kameshwar Singh S/o- Late Phulan Singh Village- Bhuali Tola, P.S. Jadopur, District-Gopalganj. At present Resident of At- Islamiya Mohalla, Ward No.11, P.S. Gopalganj Town, District-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shambhunath Prasad S/o- Sri Harihar Prasad Village- Prasauni Khas PoManbodh Prasauni Ps- Uchakagaon Dist- Gopalganj A/P- Islamiya Mahalla W.No-11, Po Ps Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406, 420 of the Indian Penal Code.

3. The petitioner, who is L.I.C. agent, is alleged to have misappropriated Rs. 1,07,412/- (Rupees one lakh, seven thousand four hundred twelve only), which was premium of six installments of L.I.C. policy of complainant.

4. Learned counsel for the petitioner submits that petitioner denies the allegation made in the complaint petition.

Patna High Court CR. MISC. No.49686 of 2025(3) dt.27-08-2025 2/3 However, by way of filing supplementary affidavit, learned counsel for the petitioner submits that petitioner is ready to deposit the alleged amount i.e. Rs. 1,07,412/- (Rupees one lakh, seven thousand four hundred twelve only) in easy installments in the Nazarat of concerned Civil Court.

5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate 5th, Gopalganj in connection with Complaint Case No. 503 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 50,000/- (fifty thousand only) in the Nazarat of concerned Civil Court and receipt of the same shall be furnished with the bailbond. (B) Rest amount i.e. Rs. 57,412/- (fifty seven thousand four hundred twelve only) shall be deposited in the Nazarat of concerned Civil Court in two installments within a period of six months from the date of furnishing bail-bond.

(C) The aforesaid payment shall be subject to

Patna High Court CR. MISC. No.49686 of 2025(3) dt.27-08-2025 3/3 final outcome of the case.

(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."

6. This order has been passed, without going into the merit of the case, only for the purpose of considering the prayer for anticipatory bail of petitioner.

(Prabhat Kumar Singh, J) anay U T