Basant Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3669 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Basant Kumar Pandey sonof Madan Pandey, R/o- Village-Terari, P.S.- Sasaram(M),District-Rohtas ... ... Petitioner/s

Versus

1. The State of Bihar

2. Subhash Chaudhary, Son of late Ram Sakal Chaudhary, Resident of Mohalla- Barah Pathar, P.S. Dehari Nagar, Ward No.36, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwari For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2019 This is an application for grant of anticipatory bail in connection with Sasaram (M) P.S. Case No. 32 of 2018, disclosing offences under Sections 341, 323, 379, 406, 420, 34 of the Indian Penal Code.

Allegation against the petitioner is that he has taken advance of Rs.2,61,000/- from the informant for executing a sale-deed, but not executed the sale-deed and it further appears from the order 25.01.2019 passed by a Coordinate Bench of this Court that the petitioner was ready to return the said amount of Rs.2,61,000/- to the informant.

Submission of learned counsel for the petitioner is that he is ready to return the said amount on the subject to the result of the case.

Patna High Court CR. MISC. No.3669 of 2019(4) dt.17-04-2019 2/2 Heard learned A.P.P. as well as learned counsel for the informant.

Having heard both sides, in view of the facts and circumstances of the case as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks from the date of receipt of the order with a bank draft of Rs.61,000/- drawn in favour of opposite party no.2 and on depositing the same, the provisional bail earlier granted to the petitioner vide order dated 25.01.2019 shall be extended for further five months with the condition that during that period, he has to deposit rest of the amount of Rs.2,00,000/- in equal installments of Rs.40,000/- in the second week of each month and in case if the petitioner fails to make any installment, his bail bond shall be cancelled and with also a condition that once the total amount is deposited, provisional bail of the petitioner shall be confirmed. It is needless to say that the aforesaid amount will be subject to the outcome of the case.

(Vinod Kumar Sinha, J) Amjad/- U T