Sanjay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60350 of 2021 Arising Out of PS. Case No.-924 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== ACHYUTANAND SINGH @ ARJUN BABU Son of Late Banaras Prasad Resident of Village/mohalla - Ramkrishna Nagar, Police Station - Ramkrishna Nagar, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60401 of 2021 Arising Out of PS. Case No.-924 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RAJIV RANJAN Son of - Ram Prasad (Director), SriRam Group, Resident of - Jyotipuram Apartment, Bailey Road, P.S. - Shastrinagar, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3716 of 2022 Arising Out of PS. Case No.-924 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== SANJAY KUMAR JHA S/o- Vibhuti Bhushan Jha Resident of Jyotipuram Apartment, Jagdeo Path, P.S.- Shastrinagar, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 60350 of 2021) For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Upendra Kumar (In CRIMINAL MISCELLANEOUS No. 60401 of 2021) For the Petitioner/s :

Mr.Kamlesh Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh (In CRIMINAL MISCELLANEOUS No. 3716 of 2022) For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2022 Re. Cr. Misc. No. 60401 of 2021 (Rajiv Ranjan) Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Shastri Nagar P.S. Case No. 924 of 2019 registered for the offences punishable under Sections 406/420/34 of the Indian Penal Code.

Learned counsel for the petitioner on instruction submits that he wants to pay Rupees Five Lakhs to the opposite party No. 2 as one time payment and he submits that the case may be quashed.

Learned counsel for the opposite party No. 2 has no objection to the same.

In view of the above, exercising my power under Section 482 of the Cr. P.C., the F.I.R. (Shastri Nagar P.S. Case No. 924 of 2019 with regard to the petitioner Rajiv Ranjan) registered for the offences under sections 406/420/34, is hereby quashed subject to payment of Rupees Five Lakhs by way of

3/4 demand draft in the name of opposite party No. 2. The petitioner Rajiv Ranjan undertakes to produce the demand draft in the Court below within a week and, thereafter, the moment the petitioner submits the demand draft, the same is handed over to the informant. The case shall be treated as quashed with regard to the petitioner Rajiv Ranjan. Re. Cr. Misc. No. 60350 of 2021 and Cr. Misc. No. So far as these petitioners are concerned, they have submitted that they will pay the amount in ten equal installments of Rupees Fifty Thousand.

Both the petitioners shall pay Rupees Five Lakh each to the opposite party No. 2 in ten equal installments. Considering the aforesaid submission, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge cum A.C.J.M.-IV, Patna, in connection with Shastri Nagar P.S. Case No. 924 of 2019, subject to the conditions as laid down

4/4 under Section 438 (2) of the Cr.P.C.

It is directed that the bail bonds of the petitioners shall be accepted after payment of first installment and, thereafter, the Court below will grant them provisional bail and after the entire amount is paid, the provisional bail so granted to the petitioners shall be confirmed.

(Sandeep Kumar, J) Saif/- U T