Uday Nand Jha @ Udaya Nand Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54591 of 2018 Arising Out of PS. Case No.-1689 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Uday Nand Jha @ Udaya Nand Jha, aged 50 Years S/o Late Chandra Nand Jha, R/o Mohalla- Mithila Colony, Nasriganj, Danapur, P.S.- Danapur, District- Patna (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Arun Kumar Singh S/o Late Rana Rajeshwar Singh, R/o Mohalla- Magadh Colony, Kurji, P.S.- Digha, District- & Town- Patna, Pin Code No. 800010 (Bihar).

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Complaint Case No. 1689 ( C ) of 2013 in which cognizance has been taken under Sections 406, 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that no doubt the petitioner has given two post dated cheques of Rs. 8,53,000/- to the complainant but the petitioner is unable to pay the aforesaid amount because of financial strains. Learned counsel for the petitioner submits that on instruction he is ready to give an undertaking that the petitioner

Patna High Court Cr.Misc. No.54591 of 2018(2) dt.08-10-2018 2/3 shall deposit a sum of Rs. 2,53,000/- immediately at the time of filing of the bail bonds in the present case. Thereafter, the balance amount of Rs. 6 lakhs shall be paid in four monthly installments of Rs. 1.5 lakhs each.

Considering the facts and circumstances of the case, for the present this Court directs that the petitioner in terms of his own undertaking shall deposit a sum of Rs. 2,53,000/- within three weeks from today in the court below in the name of the complainant by way of bank draft issued by a nationalised /schedule bank in favour of the complainant and on deposit of such bank draft along with bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each the petitioner shall be enlarged on bail in connection with Complaint Case No. 1689 ( C ) of 2013 to the satisfaction of learned A.C.J.M. XV, Patna, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition that in terms of his own undertaking he will pay the balance amount of Rs. 6 lakhs in four monthly installments of Rs. 1.5 lakhs each in the name of the complainant by way of a bank draft, failing which his bail bond shall be cancelled by the court below itself without awaiting any petition from prosecution side.

Patna High Court Cr.Misc. No.54591 of 2018(2) dt.08-10-2018 3/3 This application stands disposed off.

(Rajeev Ranjan Prasad, J) avin/- U