Saroj Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10076 of 2024 Arising Out of PS. Case No.-58 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Saroj Kumar Pandey Son of Late Sri Ram Pandey R/o vill - Khatolia (Khatoliya), P.O. - Khudhiya, P.S. - Baddi (Sheosagar), Distt. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr.Ashutosh Tripathy, Advocate For the State :
Mr.Satya Nand Shukla,APP For the Complainant :
Mr.Ramashray Roy,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner, State and complainant.
2. The petitioner apprehends his arrest in a complaint case punishable for the offence under Sections 406/420 of the Indian Penal Code.
3. The petitioner is alleged to have received entire amount of Rs. 10,53,000/-, as compensation of the co-sharers, which was acquired by the Canal Department, but subsequently, he refused to share the amount with complainant and other cosharers.
4. At the outset, learned counsel for the petitioner submits that petitioner is ready to refund entire compensation amount of Rs. 10,53,000/- (Rupees ten lacs fifty three thousand) in equal installments in Nazarat of the Civil Court, Rohtas at
Patna High Court CR. MISC. No.10076 of 2024(3) dt.16-04-2024 2/3 Sasaram. Learned counsel for the complainant does not oppose the aforesaid submission made on behalf of petitioner.
5. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sasaram in connection with Complaint Case No. 58 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further following conditions: "(A) At the time of furnishing bail-bond, the petitioner shall deposit Rs. 5,53,000/- (five lacs fifty three thousand) in the Nazarat of Civil Court, Sasaram (B) Rest amount i.e. Rs. 5,00,000/- (five lacs) shall be deposited in the Nazarat of Civil Court, Sasaram in 5 (five) equal installments of Rs. 1,00,000/- (one lac) within a period of six months from the date of furnishing bail-bond. (C) The aforesaid payment shall be subject to final outcome of the case.
(D) If petitioner fails to comply the direction of this Court, the learned Court below would be at liberty to cancel the
Patna High Court CR. MISC. No.10076 of 2024(3) dt.16-04-2024 3/3 bail-bond of the petitioner."
(Prabhat Kumar Singh, J) anay/- U T