Pankaj Kumar Singh @ Pankaj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36375 of 2016 Arising Out of PS. Case No. -81 Year- 2006 Thana -DARAUNDA District- SIWAN ======================================================
1. Pankaj Kumar Singh @ Pankaj Kumar S/o Anil Kumar Singh
2. Anil Kumar Singh S/o Late Mahavir Sharan Singh, Both resident of Village- Bishunpur Mahuari, P.S. Maharajganj, District Siwan.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioners : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 467, 469 and 34 of the Indian Penal Code registered in connection with Daraunda P.S. Case No. 81 of 2006 (Tr. No. 5086 of 2015).
3. It is submitted that the petitioners have been falsely implicated and after due investigation, final form was submitted, though however, cognizance has been taken thereafter. The FIR has been instituted after an inordinate delay on 7th July, 2016. It is further submitted that the informant himself had filed quotation for obtaining loan from the bank and the petitioners had no role to play.
4. Having regard to the entirety of the facts and circumstances, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.36375 of 2016 (2) dt.15-09-2016 thousand) each with two sureties of like amount each to the satisfaction of Sri Prabhakar Jha, learned Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No. 81 of 2006 (Tr. No. 5086 of 2015), 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 of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Chandran/BT U T