Suryadip Kumar @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22472 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Suryadip Kumar @ Suman Kumar Son of late lala Paswan Resident of vill.- Dariyapur, P.S.-Shahpur, Distt.-Patna, at present address-Flat No.401, BlockB, Ram Jaypal Nagar, Arpana Bank Colony, Ganga City Apartment, Gola Road, P.O.-Rupaspur, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Adv.

For the State :

Mr. Pranav Kumar, APP For the Informant :

Mr. Mithilesh Prasad Sharma, Adv.

Mr. Kumar Harsh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Rupaspur P.S. Case No. 256 of 2023 registered under Sections 406, 420 of the Indian Penal Code and Section 138 of N.I. Act.

3. As per prosecution case, petitioner is alleged to have taken Rs. 14,00,000/- from the informant as a friendly loan, but did not return the same.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has already paid Rs. 4,00,000/- to the informant in cash and he is ready to pay Rs. 7,00,000/- without admitting the allegation.

5. Learned counsel for the informant submits that till date

Patna High Court CR. MISC. No.22472 of 2024(3) dt.13-05-2024 2/3 only Rs. 4,00,000/- has been returned by the petitioner and Rs. 10,00,000/- is still pending.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur in connection with Rupaspur P.S. Case No. 256 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. with direction to the petitioner that :- i. Petitioner shall deposit Rs. 2,00,000/- (Two lac) in the Nazarat and will produce the receipt of the same at the time of furnishing bail-bond in the Court below and thereafter, rest amount i.e. Rs. 5,00,000/- (Five lac) shall be deposited in five equal installments within one year in the Nazarat, failing which, the learned Court below would be at liberty to cancel the bailbond.

6. It is made clear that this order has been passed only for the purpose of bail, without going into the merit of the case, and

Patna High Court CR. MISC. No.22472 of 2024(3) dt.13-05-2024 3/3 payment of aforesaid amount shall be subject to the final outcome of the case.

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