Surendra Kumar Singh @ Surendra Prasad Singh vs State Of Jharkhand

Anil Kumar Choudhary, J

Apprehending his arrest in connection with Simariya P.S. Case No.76 of 2006 corresponding to G.R. No.573 of 2006 instituted under Sections 406, 409, 467, 468, 471, 419, 420, 120B of the Indian Penal Code, the petitioner has moved this Court for grant of privileges of anticipatory bail.

Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that while the petitioner was posted as B.D.O., he, in criminal conspiracy with the co-accused persons, has misappropriated Government money to the tune of Rs.1,60,000/-. It is submitted that the allegation against the petitioner is false. It is next submitted that the petitioner is an old man aged about 80 years. It is lastly submitted that the petitioner is ready and willing to co-operate with the investigation of the case and to deposit Rs.1,60,000/- with the Deputy Commissioner, Chatra without prejudice to his defence in this case subject to final decision of the case. Hence, it is submitted that the petitioner be given the privileges of anticipatory bail.

Learned Spl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court of learned C.J.M., Chatra within eight weeks from today and in the event of his arrest or surrendering, he will be enlarged on bail on showing proof of deposit of Rs.1,60,000/- with the Deputy Commissioner, Chatra and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Chatra in connection with Simariya P.S. Case No.76 of 2006 corresponding to G.R. No.573 of 2006 with the condition that he will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish his mobile number and photocopy of the Aadhar Card with an undertaking that he will not change his mobile number during the pendency of case and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case the petitioner deposits Rs.1,60,000/- with the Deputy Commissioner, Chatra, learned court below will pass an appropriate order regarding the same at the time of conclusion of trial.