Avinash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74270 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.

AVINASH KUMAR SINGH Son of Sri Harendra Singh Resident of VillageBara, P.S.- Nabinagar, District- Aurangabad, 2.

Arun Kumar Singh Son of Deep Narayan Singh Resident of Village- Bara, P.S.- Nabinagar, District- Aurangabad, ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bihar State Food Corpration, Aurangabad. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mrs. Alka Singh, Advocate Mr. Binod Kr. Singh, Advocate For the State :

Mr. Parmeshwar Mehta, APP For B.S.F.C.

:

Mr. Shailendra Kr. Singh, Advocate Mr. Nirala Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 406, 409 and 420 of the Indian Penal Code. Allegation against the petitioners of misappropriating the government fund worth Rs.49,79,000/- being the Pax President and Pax Manager.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners have been made accused due to mistake of fact. The

Patna High Court CR. MISC. No.74270 of 2019(2) dt.27-11-2019 2/2 petitioner No.1 happens to be the Pax Chairman and petitioner No.2 is the Pax Manager. The matter relates to settlement of accounts. It is submitted that the petitioners jointly shall deposit an amount of Rs.20,00,000/- (twenty lacs) in the court below, which shall be subject to the final disposal of the case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioners jointly are directed to deposit an amount of Rs.20,00,000/- (twenty lacs) in the court below, which shall be subject to the final disposal of the case. On doing so, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Aurangabad in connection with Nabinagar P.S. case No.241 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T