Hari Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80506 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== HARI MOHAN SINGH S/o Late Sampat Lal Village- Charghariya, P.S.- Bahadurganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Bahadurganj P.S. Case No. 114 of 2019 registered for the offences punishable under Sections 406, 409, 420, 467, 468, 469, 471, 201 and 120B of the Indian Penal Code. As per FIR it is alleged that there is defalcation of crores of rupees of the customers, who deposited the amount on assurance of high interest to be given to them but the amount has been defalcated and after inquiry it transpired that PACS Chairman, Manager and agents are involved in this case and petitioner happens to be PACS Manager.

Submission of learned counsel for the petitioner is that he was PACS Manager since the year 1999 and except suspicion there is nothing against him and he has not appointed the persons for collecting money, rather the same has been done by District Cooperative Officer and only on suspicion he has been made accused in

Patna High Court CR. MISC. No.80506 of 2019(2) dt.21-01-2020 2/2 this case.

Heard learned APP, who has opposed the prayer for anticipatory bail.

In view of above facts and circumstances, let petitioner surrender within a period of two weeks and on surrender he shall be released on provisional bail till submission of charge sheet on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Bahadurganj P.S. Case No. 114 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. However, once charge sheet is submitted and if there is incriminating materials found against the petitioner, he has to surrender and pray for regular bail.

This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T