Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18535 of 2022 Arising Out of PS. Case No.-367 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== RAJEEV KUMAR S/o Sri Basudeo Rai Resident of Gayatri Sadan, B.K. Dutta Lane, Mohalla New Jakkanpur, P.S.- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Atul Shankar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner, the informant and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 406, 506 and 34 of the Indian Penal Code.

By filing supplementary affidavit dated 16.09.2022, learned counsel for the petitioner in paragraph 5 thereof, has averred that the petitioner is ready to pay the remaining amount of Rs. 85 lacs to the informant in next 15 months in installments. In paragraph 6 of the supplementary affidavit, petitioner states that amount claimed by the informant in the First Information Report is also the subject matter of title suit no. 211 of 2021.

Learned counsel for the informant submits that payment made by the petitioner may not prejudice case of the informant.

Considering the undertaking of the petitioner give in the supplementary affidavit, prayer for bail of the petitioner is

Patna High Court CR. MISC. No.18535 of 2022(5) dt.20-09-2022 2/2 allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Additional Chief Judicial Magistrate I cum Sub-Judge I, Patna in Jakkanpur Police Station Case No. 367 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure along with following conditions:

Receipt of payment of Rs. 5 lacs to the informant would be furnished by the petitioner at the time of processing of bail bond.

Rest amount of Rs. 80 lacs would be paid by the petitioner in next 15 months in installments. It is made clear that if the petitioner violates the conditions of the bail order, the court below shall cancel his bail bonds.

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