Jai Shankar Kumar @ Bhola Jee v. The State Of Bihar

Patna High Court Cr.Misc. No.11544 of 2016 (5) dt.09-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11544 of 2016 Arising Out of PS.Case No. -350 Year- 2014 Thana -AGAMKUAN District- PATNA ======================================================

1. Jai Shankar Kumar @ Bhola Jee S/o Sri Hira Sao, resident of MohallaKurthaul, P.S.- Parsa Bazar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Sharan For the Opposite Party/s Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09.05.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. No one appeared on behalf of opposite party no.2.

Petitioner is in jail custody since 10.12.2014 in a case registered under sections 406, 420 of the Indian Penal Code as well as section 138 of the N.I. Act.

The allegation against the petitioner is that he took huge amount from the informant to transfer some lands but he did not transfer the land in favour of the informant and subsequently, issued cheques, total amounting to Rs 8, 85, 000/- which was produced before the concerned bank but the same became dishonored. At the very outset, learned counsel for the petitioner submits that petitioner is ready to return total amount of Rs 8, 85,000/- to the informant in easy instalments without admitting the case of the informant. It is prayed that several persons lodged similar type of

Patna High Court Cr.Misc. No.11544 of 2016 (5) dt.09-05-2016 cases against the petitioner and the petitioner has to pay some amounts to other persons also and, therefore, he is able to make payment to the informant in instalments for which this court may fix instalments of Rs 50,000/- (fifty thousand) per month.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Patnacity in Agamkuan P.S. Case no. 350/2014 subject to condition that the petitioner shall pay Rs 50,000/- (fifty thousand) within one month from the date of his release and after payment of first instalment, he shall pay rest amount in 18 instalments to the informant failing which learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

It is made clear that if the informant refuses to accept the aforesaid amount, the petitioner shall be at liberty to deposit the amount of instalment in the concerned court. It is also made clear that the amount, so deposited, shall be subject matter of final decision of the above said case.

Shahid (Hemant Kumar Srivastava, J) U T