Patna High CourtCR. MISC./8771/2023allowed

Rambinay Kumar v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8771 of 2023 Arising Out of PS. Case No.-241 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== RAMBINAY KUMAR Son of Pramod Narayan Singh @ Pramod Narayan Sinha Resident of Mohalla - Shamir Takiya, Near Police Lines, P.S.- Civil Lines, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner was earlier granted provisional bail by this Bench vide order dated 03.05.2023 for settling the dispute.

3. The present case has been instituted for the offence punishable under Sections 406, 420, 467, 468, 471 of the Indian Penal Code and Section 138 of the N.I. Act.

4. The allegation against the petitioner is that he has entered into an agreement for sale of piece of land and received money on different dates. Thereafter, petitioner did not execute the said sale deed.

5. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.8771 of 2023(6) dt.20-09-2023 2/3 that petitioner is ready to return an amount of Rs. Fifteen lacs (Rs. 15,00,000/-) to the informant.

6. The petitioner is directed to deposit an amount of Rs. Fifteen Lacs (Rs. 15,00,000/-) to the informant and out of which Rs. Five Lacs ( 5,00,000/-) will be paid at the time of filing of his bail bond.

7. Learned counsel for the informant shall provide bank account number of the informant to the petitioner within a period of one week from today.

8. The rest amount i.e., Rs. 10,00,000/- (Ten lacs) will deposit by the petitioner to the informant in four equal installments in every month and each installment will be of Rs. Two Lacs and fifty thousand (2,50,000/-).

9. The bail bonds of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. Five Lacs (Rs. 5,00,000/-) by the petitioner in the account of the informant.

10. This application stands disposed off, with a direction to the trial Court to confirm the provisional bail granted to the petitioner only after ensuring that the petitioner has deposited the entire amount i.e. Rs. 10 lacs in four consecutive monthly installments.

Patna High Court CR. MISC. No.8771 of 2023(6) dt.20-09-2023 3/3

11. The aforesaid payment will be the subject to final adjudication.

(Sunil Kumar Panwar, J) arish/- U