Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3731 of 2022 Arising Out of PS. Case No.-334 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== RAJESH KUMAR Son of Vinod Kumar Resident of Village- Manikpur, P.S. Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2022 Supplementary affidavit on behalf of petitioner has been filed today, let the same be kept on record. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Minapur P.S. Case no. 334 of 2020 instituted for the offence under Sections 406 and 420 of the Indian Penal Code. As per allegation in the FIR, petitioner had taken an amount of Rs. 4,51,000/- in total on the pretext of execution of a sale deed. It is further alleged that petitioner had neither returned the amount nor executed the sale deed. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.3731 of 2022(4) dt.01-11-2022 2/2 offence. In para 2 and 3 of the supplementary affidavit it is mentioned that petitioner is ready to return Rs. Five lac in 4 to 5 installments.

Learned counsel for the informant has no objection. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with a condition that he will pay the entire amount to the informant in five equal installments. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Minapur P.S. Case no. 334 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of first installment of Rs. One lac by the petitioner. (Sunil Kumar Panwar, J) sushma/- U