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Patna High CourtCR. MISC./9813/2024disposed

Arvind Kushwaha @ Arvind Kumar Singh v. The State Of Bihar

2024-04-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9813 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- KARAMCHAT District- Kaimur (Bhabua) ====================================================== Arvind Kushwaha @ Arvind Kumar Singh S/O Ramakant Singh Village - Mobarakpur, P.S. - Mohaniya, District - Kaimur at Bhabhua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kiran Kumarisharma, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Karamchat P.S. Case No.111 of 2023 lodged under Sections 419, 420, 379/34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner against whom there is allegation that they have extracted Rs.50,000/- from the informant with a view to make it double.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there are three accused persons in which two others were granted bail by the Co-ordinate Bench of this Court.

5. Counsel submits that the petitioner is ready to pay the extracted amount of Rs.50,000/- to the informant.

6. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.9813 of 2024(3) dt.19-04-2024 2/2 in custody since 01.12.2023 having one criminal antecedent in which he is on bail.

7. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean, but he is ready to pay the said amount to the informant, then in that case, his bail petition may be taken into consideration sympathetically.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted provisional bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Kaimur at Bhabhua in connection with Karamchat P.S. Case No.111 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, it is made clear that the bail of the petitioner shall be confirmed only on payment of Rs.50,000/- to the informant within 3 months. If he shall not make the said payment to the informant, his provisional bail shall be cancelled 15 days thereafter.

(Dr. Anshuman, J.) Prakashmani/- U T