Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5352 of 2019 Arising Out of PS. Case No.-215 Year-1998 Thana- BARH District- Patna ====================================================== SANJAY KUMAR SINGH Son of Surendra Nath Singh the Chairman of Helios Finance and investment Ltd, Helios Bhawan, Patna - 800001, and Presently resident of Flat No. 701, Jyotipuram Jagdeo Path, P.S.- Shshtrinagar, Distt - Patna.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Kaushal Kumar, Advocate Mr. Anirudh Pandey, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 11.09.2019 passed by the learned Special Judge (S.C./S.T. Act)-cum-Addl. Sessions Judge-XX, Patna, in connection with Barh Police Station Case No.215 of 1998, Special Case No.61 of 2016, registered under Sections 406/120B/34 of the Indian Penal Code and Sections 8/9 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Co-accused Satyendra Singh has been allowed

Patna High Court CR. APP (SJ) No.5352 of 2019(4) dt.25-02-2020 2/3 privilege of anticipatory bail by a coordinate Bench of this Court vide order passed in Cr. Appeal (SJ) No. 2734 of 2018, a copy at Annexure-3. The bail was granted with condition that appellant Satyendra Singh would surrender and deposit the amount which was due in favour of the informant by a bank draft. Satyendra Singh has already deposited the aforesaid amount vide copy of the draft at page-46.

The prosecution case is that complainant had deposited money with Helios Finance and Investment Ltd. and the company fled away with the money of the informant. The appellant is said to be one of the Office Bearer of the said Finance Company.

Considering the facts aforesaid especially the fact that no offence under the SC/ST Act is made out against the appellant, let the appellant, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. APP (SJ) No.5352 of 2019(4) dt.25-02-2020 3/3 Procedure as well as condition that the appellant shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the appellant.

The appellant shall not leave the country without permission of the trial Court.

Accordingly, the impugned order is set aside and the appeal is allowed.

(Birendra Kumar, J) Mkr./- U T