Sampurna Nand Singh @ S.N Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3488 of 2018 Arising Out of PS.Case No. -492 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ====================================================== Sampurna Nand Singh @ S.N Singh, S/o Prem Mohan Singh, aged about 34 years, R/o Flat No. 12, Panchavati Apartment, Punaichak, P.S. - Shastri Nagar, Patna.
.... .... Petitioner/s
Versus
1. State of Bihar.
2. Raju Kumar Singh, S/o Uday Pratap Singh, At + P.O. Beradaud, Village + P.S. Paru, Muzaffarpur (Bihar).
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gandhi Maidan P.S. Case No. 492 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 379, 307, 387, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that he is the Managing Director of Micorbe Banking Solutions Limited. He has been implicated in this case since he is son of Mr. Prem Mohan Singh with whom the informant is having business dispute. The complaint case No. 1426-C of 2012 has been filed by the father of the petitioner against the informant and others in which the petitioner is witness. In that complaint case the court
Patna High Court Cr.Misc. No.3488 of 2018 (3) dt.22-02-2018 2/3 has found prima facie case against the informant and others for the offence under Sections 406, 420 and 120B of the Indian Penal Code and Section 138 of Negotiable Instruments Act. It has further been submitted that there is general and omnibus allegation against the petitioner that he assaulted the informant along with other accused persons and took away few papers from his possession.
Case diary has been received.
There is no injury report available in the case diary. In the impugned order also the learned Sessions Judge has not mentioned about any injury on the person of the injured. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gandhi Maidan P.S. Case No. 492 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-VI, cum-Additional Chief Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court
Patna High Court Cr.Misc. No.3488 of 2018 (3) dt.22-02-2018 3/3 concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T