Manoj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85209 of 2023 Arising Out of PS. Case No.-92 Year-2010 Thana- SIWAN CITY District- Siwan ====================================================== Manoj Kumar Singh Son of Dinanath Singh Resident of village Goldenganj Dharampura, Police Station - Doriganj, District - Saran (Chapra). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ohm Shankar Singh Son of Ramvilash Singh R/o vill - Kusaundhi, P.s. - Mirganj, At present O.P Hatua, Distt. - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Akbar Ali,APP Mr.Bijay Prakash Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, State and informant/opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406, 420, 409, 504/34 of the Indian Penal Code.

3. It is alleged that this petitioner alongwith other coaccused persons defalcated Rs. 7,24,800/- of opposite party no. 2 and others.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Name of the petitioner transpired in this case during course of investigation, as partner of co-accused Ravimun Dada. However, without admitting the allegation made in the F.I.R., the petitioner is ready to deposit

Patna High Court CR. MISC. No.85209 of 2023(5) dt.15-05-2024 2/3 Rs. 1,00,000/- (Rupees one lac) in easy installments in the Nazarat of the Civil Court, for which, learned counsel for the opposite party no. 2 does not oppose.

5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 92 of 2010, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 50,000/- (fifty thousand) in the Nazarat of Civil Court, Siwan. (B) Rest amount i.e. Rs. 50,000/- (fifty thousand) shall be deposited in the Nazarat of Civil Court, Siwan in two equal installments of Rs. 25,000/- (twenty five thousand) each within a period of six months from the date of furnishing bail-bond.

(C) The aforesaid payment shall be subject to final outcome of the case.

(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the bail-bond of the petitioner."

Patna High Court CR. MISC. No.85209 of 2023(5) dt.15-05-2024 3/3

6. This order has been passed, without going into the merit of the case, only for the purpose of considering the prayer for anticipatory bail of petitioner.

(Prabhat Kumar Singh, J) anay/- U T