Kamal Kishore Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62593 of 2018 Arising Out of PS.Case No. -164 Year- 2018 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Kamal Kishore Prasad Singh, Son of Late Rajendra Prasad Singh, resident of Village- Karai Pursuarai, P.S.- Karai Pursuarai, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Pirpaninty P.S. Case No.164 of 2018 for allegedly having committed the offence under Section 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is an allegation of having misappropriated of a sum of Rs.16,50,000/- while the petitioner was posted as Anchal Nazir, Pirpainty Anchal, the petitioner has now deposited the entire alleged defalcated amount and is willing to come and file the statements along with vouchers, if extended the privilege of anticipatory bail. Learned counsel for the petitioner further submits that actually, there has been no defalcation and in view of the allegation made, to play

Patna High Court Cr.Misc. No.62593 of 2018 (2) dt.08-10-2018 2/2 safe, he has deposited the amount and will give the necessary accounting, as and when required by the concerned Anchal Adhikari or DCLR.

In view of the aforementioned facts and circumstances and that the alleged amount has already been deposited in the account of the Anchal Adhikari, Pirpainty, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XI, Bhagalpur, in connection with Pirpaninty P.S. Case No.164 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the petitioner shall appear as and when required by the investigation.

(Anjana Mishra, J) PNM U T