Nand Lal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23540 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Nand Lal Sah son of Late Chhote Lal Sah, Resident of Mohalla Power House Road, Sanhauli, Police Station Chitragupta Nagar (Khagaria) District Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Hari Charan Prasad Sah son of Shivjee Prasad Sah, Resident of English Mahesh Khut, P.S. Mahesh Khut, District Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. Mr. Aarsh Kumar, Adv.

For the State : Mr. C. Sen Pd.Singh(APP) For the Informant : Mr. Sushil Kr. Singh, Adv. Mr. Binod Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 After some arguments, learned counsel for the petitioner submits that the petitioner is ready to deposit rest of the amount of Rs. 13,00,000/- within a period of three months. Learned counsel for the opposite party no.2 has no objection but, it has been submitted that some direction be given so that the amount be deposited in the court below. In view of the statement made by the learned counsel for the petitioner as well as counsel for the opposite party no.2, the petitioner is directed to surrender before the court below on 28.02.2017 with a bank draft of Rs. 3,00,000/- and if the amount is

Patna High Court Cr.Misc. No.23540 of 2016 (9) dt.02-02-2017 so deposited, the learned court below will release the petitioner on provisional bail to his own satisfaction with a condition that he will pay rest of the amount of Rs. 10,00,000/- in two equal installments payable on 28.03.2017 and on 28.04.2017 respectively and provisional bail so granted will be extended on payment of installments. After payment of the full amount, the provisional bail of the petitioner shall be confirmed by the court below. It is also made clear that failure to pay any installment will cause cancellation of the provisional bail by the court below itself. It is again made clear that the amount so deposited by the petitioner will be released in favour of the opposite party no.2 and the opposite party no.2 undertakes that the aforesaid release of amount shall be subject to result of the case. Till 28.03.2017, no coercive steps shall be taken against the petitioner. With the aforementioned observation, this application is disposed of.

(Vinod Kumar Sinha, J) Rishi/- U T