Shivji Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4341 of 2020 Arising Out of PS. Case No.-40 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== SHIVJI PATEL, Male, aged about 40 years, son of Brahmdeo Prasad Singh, Resident of Pirapur Mathura, P.S.- Goraul, Distt- Vaishali. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjail Rishi, Advocate Mr. Kaushal Kishor, Advocate For the State :

Mr. Jagdhar Prasad, APP For the Informant :

Ms. Veena Kumari Jaiswal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2020 Heard learned counsel for the parties through Virtual Court Proceeding.

In this case, the petitioner is regular anticipatory bail in connection with Patrakar Nagar P.S. Case No.40 of 2019, registered for the offence under Sections 420 and 406 of the Indian Penal Code.

A supplementary affidavit has been filed by the petitioner, in which it has been given undertaking that the petitioner would deposit Rs.21,12,591/- within a period of two years in seven equal instalments.

Looking to the aforesaid facts, let the above-named petitioner be released on provisional bail on furnishing bail

Patna High Court CR. MISC. No.4341 of 2020(12) dt.14-12-2020 2/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-JudgeVIII-cum- A.C.J.M. Patna, in connection with Patrakar Nagar P.S. Case No. 40 of 2019, subject to the condition that one of the bailors will be the wife of the petitioner. Further condition is that the petitioner shall deposit the first installment before the Court below within four weeks from today and will deposit the rest six installments at the interval of three months from the date of first installment. In failure to deposit any of the instalments, this order will be treated to have been cancelled and the Superintendent of Police, Patna, shall take the petitioner into custody. If the petitioner deposits the amount, as has been stated hereinabove within stipulated time, then his provisional bail will be confirmed.

This Court directs the Court below to invest the aforesaid amount in a Government Bank or in the Post Office where the money would fetch the maximum rate of interest. Whoever will succeed in the trial, the money will be paid to the said person.

This Court further directs the petitioner to appear before the Court below within 15 days from the date of his release on provisional bail and the Court below will try to

Patna High Court CR. MISC. No.4341 of 2020(12) dt.14-12-2020 3/3 expedite the trial and conclude the same as early as possible. If the other accused persons do not appear, the Court below will be at liberty to take coercive action / step for their appearance in the Court below.

With the aforesaid observations and directions, this bail petition is disposed of.

(Shivaji Pandey, J) pawan/- U T