Santosh Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6952 of 2019 Arising Out of PS. Case No.-900 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== SANTOSH KUMAR, son of Brij Mohan Prasad, resident of Village-War, P.SMadanpur, Distt.-Aurangabad. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Naresh Prasad Singh, son of Late Jaga Singh, resident of VillagePipraura,P.S-Madanpur,Distt.-Aurangabad. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 900 of 2017, registered for the offences punishable under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation against the petitioner is of taking paddy worth Rs.1,38,050/- and neither he has not paid the money nor returned the paddy.

Submission of learned counsel for the petitioner is that he has already paid the money to the complainant but he is still ready to pay the amount which shall be subject to the result of the case, if some reasonable time is granted to him. Heard learned APP and learned counsel for the

Patna High Court CR. MISC. No.6952 of 2019(4) dt.29-04-2019 2/2 complainant.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of six weeks from the receipt of this order with a Bank Draft for Rs.38,050/- payable in the name of the complaiant and on such deposit, he will be released on provisional bail by the court below for a period of five months and during that period petitioner will deposit Bank Draft for Rs.20,000/- in second week of month payable in the name of the complainant and failure to pay any of the instalments, his bail bonds shall be cancelled. However, once the total amount is deposited, his bail bonds shall be confirmed and the aforesaid payment shall be subject to the result of the case.

With the above observation, this application is disposed of.

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