Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.960 of 2020 Arising Out of PS. Case No.-116 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== NEERAJ KUMAR Son of Murali Prasad Singh Resident of Village - Rampur, P.O.- Rampur, P.S.- Shiv Narayanpur, Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 406, 420/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner have illegally dispersed loans against the rule and rest due amount has been kept themselves.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.960 of 2020(5) dt.24-08-2020 2/3 petitioner. The petitioner has been made accused due to mistake of fact. The petitioner happens to be the manager of PACS in question. Certain irregularities have been pointed out by the informant in respect of loans disbursed. Subsequently the matter was enquired by the Registrar and the report is Annexure 2 to the present application, where the allegations have not been supported. Other co-accused has been granted bail vide Cr.Misc.No.4326 of 2020.

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

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of 3rd Additional District and Sessions-cum-Special SC/ST Act, Bhagalpur in connection with Kahalgaon Shiv Narayanpur P.S. case No.116 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.960 of 2020(5) dt.24-08-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T