Ashutosh Kumar @ Mantu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8097 of 2022 Arising Out of PS. Case No.-2782 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ASHUTOSH KUMAR @ MANTU Son of Sri Madheshwar Sharma Resident of Village - Manjhauli, Police Station - Phulwari, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kapil Kumar Sharma Son of Sri Surendra Sharma Resident of Village and P.O. - Akbarpur, Police Station - Paliganj, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunal Ranjan For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 420 of the Indian Penal Code and Section 138 of the N.I.Act.

By filing supplementary affidavit, it is submitted on behalf of petitioner that petitioner is ready to refund the alleged amount of Rs. 2,00,000/- (two lacs) in equal installments to the informant. In the light of above submission, he makes a prayer for grant of anticipatory bail to the petitioner. Learned counsel for the informant/O.P.-2 does not oppose the prayer for anticipatory bail.

Accordingly, let the above named petitioner, in the

Patna High Court CR. MISC. No.8097 of 2022(6) dt.13-12-2022 2/2 event of his arrest/surrender before the court below within a period of thirty days from the date of receipt/production of copy of this order, 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 - XVII, Patna in connection with Complaint Case No. 2782(C) of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that the petitioner shall refund Rs. 50,000/- (fifty thousand) through Bank Draft to the informant at the time of furnishing bail-bond and rest amount i.e. Rs. 1,50,000/- (one lacs & fifty thousand) in three installments i.e. Rs. 50,000/- each shall be refunded through Bank Draft to the informant within a period of one year from the date of furnishing bailbond, failing which, the learned court below would be at liberty to cancel the bail-bond. The said deposit shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J) anay/- U T