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Patna High CourtCR. MISC./22000/2024disposed

Ram Nandan Sah v. The State Of Bihar

2024-04-08Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22000 of 2024 Arising Out of PS. Case No.-392 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== RAM NANDAN SAH S/O LATE YOGI SAH R/O VILLAGE- PARSA KHURD, P.S- KANHAULI, DISTT.- SITAMARHI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Dumra P.S. Case No.392 of 2023 registered for the offence under Sections 420, 467, 468 of the Indian Penal Code. 3.

Allegation against the petitioner is to have taken a sum of Rs. 23,00,000/- (Rupees Twenty Three Lac Only) as an advance amount from the informant towards sale of land in question along with other.

4.

Learned counsel appearing on behalf of the petitioner submitted that an amount of Rs.23,00,000/- (Rupees Twenty Three Lac Only) shall pay to the informant within a period of nine months in 09 (nine) equal installment i.e.

Patna High Court CR. MISC. No.22000 of 2024(2) dt.08-04-2024 2/3 Rs.2,55,555.56/- (Rupees Two Lac Fifty Five Thousand Five Hundred Fifty Five and Fifty Six Paise Only). 6.

Learned counsel appearing on behalf of the informant is agreed with the submission of learned counsel for the petitioner and learned counsel for the informant also promised that the informant would settle the matter with the petitioner after making all the payment as alleged before learned trial court itself.

6.

Considering the submissions as made on behalf of the parties, let the petitioner, above named, is directed to be released on provisional bail for a period of 09 (nine) months from the date of receipt a copy of this order in connection with Dumra P.S. Case No.392 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi with a further condition: (i) That the petitioner shall pay a sum of Rs.23,00,000/- (Rupees Twenty Three Lac Only) to the informant within a period of nine months in 09 (nine) equal installment i.e. Rs.2,55,555.56/- (Rupees Two Lac Fifty Five Thousand Five Hundred Fifty Five and Fifty Six Paise Only) in the

Patna High Court CR. MISC. No.22000 of 2024(2) dt.08-04-2024 3/3 first week of English calendar in the account of the informant.

(ii) That the petitioner shall furnish his bail bonds after making payment of first installment of Rs.2,55,555.56/- (Rupees Two Lac Fifty Five Thousand Five Hundred Fifty Five and Fifty Six Paise Only) to the informant and the learned trial court is directed to accept the bail bonds of the petitioner after verifying the receipt of the transaction/payment. However, if any of the installment, out of nine installments, shall not be made within time, the bail bonds of the petitioner shall be cancelled by the learned trial court itself. 7.

The learned trial court is directed to confirm the bail bonds of the petitioners after making all the payments as submitted above.

8.

The learned counsel for the informant is directed of provide the account details of the informant to the petitioner at the earliest.

(Ramesh Chand Malviya, J) S.Katyayan/- U T