Deependra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52536 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== DEEPENDRA KUMAR SINGH Son of Binda Singh @ Lal Bahadur Singh Resident of village- Gamahariya, Ward No.- 2, Police Station- Raxaul, District- East Chamaparan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 409, 420/34 of the Indian Penal Code registered in connection with Raxaul P.S. Case No. 289 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the business of poultry feed was being run by the petitioner's mother Kiran Devi. The accusation of non-payment of Rs. 4,68,396.84 against supplies made by the informant relates to the business of the said co-accused Kiran Devi who has since been granted anticipatory bail by this Court in Cr. Misc. No. 19440 of 2019. The petitioner has been implicated merely because he happens to be the Sales Executive in the business of his mother. It is submitted that in any event the claim of the informant gives rise to a mere business dispute. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.52536 of 2019(2) dt.22-08-2019 2/2 SDJM, Raxaul, East Champaran, in connection with Raxaul P.S. Case No. 289 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T