High Court Patna High Court - Orders

Kamata Prasad Sinha @ Kamata Sinha vs The State Of Bihar on 10 August, 2011

Patna High Court – Orders
Kamata Prasad Sinha @ Kamata Sinha vs The State Of Bihar on 10 August, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.7565 of 2011

            Kamata Prasad Sinha @ Kamata Sinha, Son of Late Basudeo Prasad.
            Resident of Dillu Bigha, P.S. Silao, District Nalanda.
                                                                        ---------- Petitioner
                                           Versus
            The State Of Bihar
                                                                    -------- Opposite Party
                                          -----------

04/- 10/08/2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State, who is armed with carbon

copy of the case diary.

The petitioner apprehends his arrest, in connection with

Saharsa (Sadar) P.S. Case No. 141 of 2002 for the offences punishable

under Sections 468, 420, 406/34 of the Indian Penal Code and Section

7 of the Essential Commodities Act, pending in the court of Chief

Judicial Magistrate, Saharsa, is one of the named accused in this nine

years old case being posted as District Godown Manager of State

Food Corporation at the relevant time with allegation of commission

of certain irregularities etc.

Submission is that during investigation at earlier stage

in paragraph no. 198 of the case diary, the supervising authority had

stayed the process against the petitioner which could be revived only

recently as is evident from paragraph no. 227 of the case diary.

Considering the facts and circumstances of the case, in

the event of his arrest/surrender before the court below within four

weeks, let the above named petitioner be enlarged on bail on

furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two

sureties of the like amount each to the satisfaction of Chief Judicial
2

Magistrate, Saharsa, in connection with Saharsa (Sadar) P.S. Case No.

141 of 2002, subject to condition laid down under Section 438(2) of

the Criminal Procedure Code with additional condition to remain

physically present before the court below on each and every date at

least for two years of till disposal of the case, whichever is earlier, in

case of failure on two consecutive dates, without giving any

reasonable explanation, the liberty granted shall be deemed to be

cancelled.

Praveen/-                             ( Akhilesh Chandra, J.)