Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71697 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- DHANSOI District- Buxar ====================================================== Arun Kumar Singh Son of Ram Nagina Singh Resident of Village- Vikram English, P.S.- Sikrol, District- Buxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, APP For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

Petitioner in the present case is seeking pre-arrest bail in connection with Dhansoi P.S. Case No. 76 of 2022 registered for the offences under Sections 406, 409, 420, 34 and 120(B) of the Indian Penal Code. The petitioner has no criminal antecedent. As per the prosecution story, the informant happens to be the Regional Officer of Biscoman at Buxar and it is alleged that the then Assistant Godown Manager, Dhansoi and Peon Arun Kumar Singh have not deposited the sale proceeds of the fertilizers and they defalcated the amount of Rs. 5,60,641/-.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely and maliciously implicated in the present case. Learned counsel submits that the petitioner is a peon and not in-charge of the affairs of the Center. Learned APP for the State is present and has opposed the

Patna High Court CR. MISC. No.71697 of 2022(2) dt.29-04-2023 2/2 prayer for anticipatory bail of the petitioner. Having regard to the facts and circumstances of the case wherein this petitioner is said to be the peon of the Center and was not in-charge of the affairs of the Center, there being no allegation against him, this Court grants bail to the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Dhansoi P.S. Case No. 76 of 2022 on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

This application stands allowed.

(Rajeev Ranjan Prasad, J) lekhi/- U T