Sanjay Kumar @ Sanju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65369 of 2019 Arising Out of PS. Case No.-3 Year-2014 Thana- EKANGARSARAI District- Nalanda ====================================================== SANJAY KUMAR @ SANJU Son of Ramvilas Prasad @ Ramvilas Singh Resident of Village - Chak Daulat, P.S.- Islampur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Prasad Sinha, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.

The prosecution case as per the written report of Pappu Kumar submitted before the S.H.O., Ekangarsarai Police Station is to the effect that the petitioner realized amount of Rs.1,50,000/- through cheques for getting the informant employed in the Railway.

It is submitted by learned counsel for the petitioner that the payment was not made for providing employment to the informant. However, the petitioner is ready to return the said amount and will deposit the same through the bank draft of

Patna High Court CR. MISC. No.65369 of 2019(3) dt.05-03-2020 2/3 Rs.1,50,000/- before the learned Court below within a period of three months. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the present stand of the petitioner and statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Hilsa, in connection with Ekangarsarai P.S. Case No.03 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bond of the petitioner will be accepted by the learned Court below on deposit of bank draft amount of Rs.50,000/- in favour of the informant before the learned Court below which will be released in favour of the informant. The learned Court below will confirm the bail bonds

Patna High Court CR. MISC. No.65369 of 2019(3) dt.05-03-2020 3/3 of the petitioner, if the petitioner produces substantial proof with regard to deposit of the bank draft of total amount of Rs.1,50,000/- before the learned Court below within the period of three months, which will be released in favour of the informant.

(Dinesh Kumar Singh, J) Ashwini/- U T