Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9305 of 2023 Arising Out of PS. Case No.-684 Year-2022 Thana- BELAGANJ District- Gaya ====================================================== AJIT KUMAR Son of Late Birju Saw Resident of Village- Belaganj, P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satyendra Yadav Son of Raghunandan @ Raghunandan Yadav Resident of Village- Amar Bigha, P.S.- Belaganj, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mrs. Nivedita Nirvikar, Sr.Adv.

Mr.Arvind Kumar For the State :

Mr.Satyendra Prasad For the Informant :

Mr.Rakesh Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, State and informant/opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 406 & 420 of the Indian Penal Code and Section 138 of the N.I.Act.

3. In this case, a supplementary affidavit has been filed on behalf of petitioner and in paragraph - 3 of the same, it is stated that petitioner offers and is ready to refund the cheque bounced amount of Rs. 29,21,700/- (Rupees twenty nine lacs twenty one thousand seven hundred) to the informant, out of which, after adjustment of Rs. 7,49,000/-, which has already been paid to informant as per F.I.R., the total amount comes to Rs. 21,72,700/- (Rupees twenty one lacs seventy two thousand

Patna High Court CR. MISC. No.9305 of 2023(5) dt.01-08-2023 2/3 seven hundred), which will be paid in installments to the informant in the manner, as stated in paragraph - 3 of the supplementary affidavit.

4. However, learned counsel for opposite party no. 2, by filing counter affidavit, disputes the amount, offered by the petitioner and submits that petitioner had taken Rs. 70,00,000/- (seventy lacs) from the informant on different dates.

5. Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 C.J.M., Gaya in connection with Belaganj P.S. Case No. 684 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, in the light of following terms and conditions:

A. At the time of furnishing bail-bond Rs.

4,00,000/- (Rupees four lacs) shall be deposited through Bank Draft.

B. Rest amount i.e. Rs. 17,72,700/- in six installment [Rs. 3,00,000/- for first five installment and last installment of Rs.

2,72,700/-] within a period of one year from the date of furnishing bail-bond.

C. If petitioner fails to comply with the

Patna High Court CR. MISC. No.9305 of 2023(5) dt.01-08-2023 3/3 aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.

6. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of anticipatory bail to the petitioner. (Prabhat Kumar Singh, J) anay/- U T