Sanjiv Kumar Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23071 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- BARHARIA District- Siwan ====================================================== Sanjiv Kumar Shukla S/o Buchun Kumar Shukla R/o Village- Jalalpur, P.S.- Jamobazar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Harendra Prasad , Advocate Mr. Adarsh Raj Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 464 and 120B of IPC .

3. The prosecution case, in brief, is that on 16.10.2019 the banker Sanjiv Kumar Shukla called the complainant and advised him to open credit card, thereafter, the complainant opened a credit card bearing No. 4835876447343394. It is further alleged that a message was received on complainant's mobile which shows that Rs. 98,440/- has been withdrawn .

4. Learned counsel for the petitioner submits that he has falsely been implicated in this case only on the basis of suspicion . However, he is ready to pay the alleged amount of

Patna High Court CR. MISC. No.23071 of 2024(3) dt.10-07-2024 2/2 Rs. 50,000/- ( fifty thousand ) in installments to the Opposite Party No. 2.

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 his arrest/surrender before the court below within a period of six weeks from today, 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 Learned Additional Chief Judicial Magistrate - III , Siwan in connection with Barhariya P. S. Case No. 400 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 50,000/- ( fifty thousand ) through Bank Draft/cash in the Nazarat of Civil Court, at the time of furnishing bail-bond.

(ii) The aforesaid payment shall be subject to the final outcome of the case .

(iii) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/- U T