Patna High CourtCR. MISC./13508/2024bail granted

Abhishek Kumar v. The State Of Bihar

2024-10-26Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13508 of 2024 Arising Out of PS. Case No.-632 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Abhishek Kumar Son of Ashok Kumar Singh R/o Village - Harrakh, N.H. 31, P.S.- Suhird Nagar, District- Begusarai ... ... Petitioner/s

Versus

1. The State of Bihar

2. Manish Kumar Singh, Representative, Kotak Mahindra Bank ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-10-2024 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Phulwarisharif PS Case No. 632/ 2021 dated 09.08.2021 registered for the offence(s) punishable under Section(s) 420, 406 read with section 34 of the Indian Penal Code

3. The main submissions advanced by the learned counsel for the petitioner are that the matter was referred to the Mediation Center where petitioner and O.P. No.2, Manish Kumar Singh, representative of Kotak Mahindra Bank, appeared in person, in between them conciliation efforts were made by the learned Mediator and in the result, compromise has been

Patna High Court CR. MISC. No.13508 of 2024(6) dt.26-10-2024 2/3 done in between both the parties and in this regard, report sent by the learned Mediator with the memorandum of agreement may be perused.

4. No-one appears on behalf of O.P. No.2.

5. Learned APP for the State submits that the instant matter may be disposed of in the light of the aforesaid submission.

6. Considering the amicable settlement made in between the parties of which terms and conditions are mentioned in the memorandum of agreement sent by the learned Mediator and also taking into account the nature of allegation, this court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Phulwarisharif P.S. case No. 632/ 2021 on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with further condition that the petitioner shall be bound with the terms and conditions which are enumerated in the memorandum of

Patna High Court CR. MISC. No.13508 of 2024(6) dt.26-10-2024 3/3 agreement and if he violates any of the conditions, then the learned trial court shall take serious action against him by cancelling his bail bonds.

(Shailendra Singh, J) BKS/- U T