Binod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68095 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== BINOD KUMAR SINGH Son of Late Gurudev Prasad Singh Resident of Village - Muniadih, P.S.- Baruraj, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 409 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and relies on an order dated 18.07.2022 passed in Cr. Misc. No. 63813 of 2021 and submits that the petitioner is also similarly situated and his case is similar to the case of Rupesh Kumar, it is next submitted that petitioner is a Panchayat Secretary, Rupesh Kumar was the Ward Secretary of the Ward Implementation Committee and one Sakaldeo Mahto, who was the President of the Ward Implementation Management Committee, was arrested and he

Patna High Court CR. MISC. No.68095 of 2021(2) dt.25-07-2022 2/3 had undertaken to deposit the amount of Rs. 94,034/- within a period of two weeks from the date of his release. Learned A.P.P. for the State submits that he does not oppose the anticipatory bail application for the present if anticipatory bail is granted to the petitioner, in the same term as was granted to Rupesh Kumar.

Considering the submissions made by the learned counsel for the petitioner and the fact that Rupesh Kumar has been granted anticipatory bail by order dated 18.07.2022 passed in Cr. Misc. No. 63813 of 2021, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Karja P.S. Case No. 321 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned court below before accepting the bail bonds of the petitioner shall verify whether Sakaldeo Mahato had returned the amount, as aforesaid, or not and in the event, if the learned court below comes to a conclusion that the said

Patna High Court CR. MISC. No.68095 of 2021(2) dt.25-07-2022 3/3 amount was not returned and the provisional bail of Sakaldeo Mahato was cancelled then the present order shall not be acted upon and in the event, if Sakaldeo Mahato deposited the amount as undertaken by him before this Court, then the bail bonds of the petitioner shall be accepted forthwith.

(Satyavrat Verma, J) Rishi/- U T