Mahendra Seth And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17910 of 2016 Arising Out of PS.Case No. -178 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Mahendra Seth son of Late Akshelal Seth

2. Deepak Seth son of Mahendra Seth

3. Chandan Seth Son of Mahendra Seth

4. Vicky Seth Son of Mahendra Seth All residents of Village - Nokha, P.S. - Nokha, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sudama Prasad Son of Late Nanhaku Prasad resident of Village + P.O. - Nokha, P.S. - Nokha, District - Rohtas.

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 A certified copy of the First Information Report has been filed today in Court. Let it be kept on record. Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Nokha P.S. Case No. 178 of 2015, disclosing offences under Sections 420,406,323,504 of the Indian Penal Code and 27 of the Arms Act.

It appears from the First Information Report that allegedly the petitioners had purchased some jewellery from the informant on credit. They, however, did not pay the amount. With the intervention of the well-wishers a panchayati was held and it was

agreed that the petitioners shall pay to the informant a sum of Rs. 1,51,124/-.

Learned counsel for the petitioners has very fairly submitted that the petitioners are ready to pay the remaining amount in 14 monthly installments. Out of the said amount of Rs. 1,51,124/-, a sum of Rs. 10,000/- has already been paid. Learned counsel for the petitioners has submitted that the first installment shall be paid to the informant on 19th of July, 2016 and rest monthly installments shall be paid in the third week of every month.

Considering the above stand, this application is allowed. Let the petitioners above-named in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram, Rohtas in Nokha P. S. Case No. 178 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to

appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

It is made clear that the informant shall be at liberty to approach this Court for cancellation of bail granted to the petitioners, in the event of any breach of assurance given by the petitioners to the informant.

(Chakradhari Sharan Singh, J) ArunKumar/- U