Patna High CourtCR. MISC./14814/2025bail granted

Vikash Kumar Singh @ Vikash Kumar v. The State Of Bihar

2025-06-27Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14814 of 2025 Arising Out of PS. Case No.-190 Year-2022 Thana- COMPLAINT CASE - BIKRAMGANJ District- Rohtas ====================================================== Vikash Kumar Singh @ Vikash Kumar S/O Late Vishwanath Singh Resident of Basdiha, P.S.- Nasriganj(Karakat), Dist.- Rohtas at Sasaram ... ... Petitioner/s

Versus

The State of Bihar 2.

Vikash Kumar Singh S/O Basant Kumar Singh R/O Vill.- Dharupur, P.S.- Bikramganj, Dist.- Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-06-2025 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Bikramganj Complaint Case No.190 of 2022 for the offence under Section 420 of the Indian Penal Code and Section 138 of N.I. Act.

3. As per prosecution story, the complainant accepted the proposal of the accused-petitioner to sell four wheeler Swift Dzire car of Rs.6,57,000/- and he accordingly transfered some amount in the account of accused-petitioner but the petitioner chose not to deliver/supply the car. Accordingly the case.

4. At the outset, the learned counsel for the petitioner submits that notices under Section 282, 283 of the Cr.P.C. has been issued which he wanted to convey to this Court. This court

Patna High Court CR. MISC. No.14814 of 2025(5) dt.27-06-2025 2/3 appreciate the stands of the petitioner that the facts have been brought to the notice of the court. It is further submission of the learned counsel for the petitioner that the records shows that he was to pay Rs.2,50,000, of which as a law abiding citizen, he is ready to pay the amount. The submission is that he has come with a demand draft of Rs.1,00,000/- issued in the name of Vikash Kumar Singh by the Bank of India, Dehri on Sone branch on 19.06.2025 and is further ready to pay the rest of Rs.1,50,000/- by the Demand Draft in the name of Vikash Kumar Singh. Further if granted relief, he shall be diligently appear in the trial and do not have criminal antecedent.

5. Learned counsel for the informant on instruction gives his consent to receive the demand draft of Rs.1,00,000/- issued by the Bank of India, Dehri on Sone branch with draft no.041939. Let a photocopy of the said demand draft be kept on record.

6. In view of the aforesaid facts/development, when the petitioner is ready to return Rs.2,50,000/-, with a draft of Rs.1,00,000/- having already been handed over to the informant's counsel in the Court itself, this Court is of the opinion that though the process under Section 82 and 83 of Cr.P.C. have been issued, as the petitioner is paying the amount and is ready to pay the rest of the amount and further has no criminal antecedent, in the aforesaid facts and circumstances, this Court deems it fit and proper to pass

Patna High Court CR. MISC. No.14814 of 2025(5) dt.27-06-2025 3/3 the following order.

7. In case, the petitioner surrenders within eight weeks from today and files bail application alongwith a demand draft of Rs.1,50,000/- in favor of the informant, Vikash Kumar Singh, the Court concerned shall take into account the aforesaid facts that the entire amount alleged has been cleared and further the petitioner has no criminal antecedent and accordingly pass an order for releasing him on bail.

8. The demand draft of Rs.1,50,000/- if submitted before the court alongwith surrender petition within eight weeks shall be handed over to the informant after checking his credentials.

9. It is made clear that if the petitioner surrenders and file bail application without the demand draft of Rs.1,50,000/-, the court concerned shall be free to pass an appropriate order in accordance with law and the aforesaid direction given in paragraph no.7 shall not be binding upon it.

10. The anticipatory bail application stands disposed off. (Rajiv Roy, J) Saurav/- U T