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Patna High CourtCR. MISC./68203/2018bail granted

Surajdeo Singh @ Suryadayal Singh @ Suraj Deo Yadav @ Suryadeo Singh @ Suryadeo Yadav v. State Of Bihar And ANR

2018-12-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68203 of 2018 Arising Out of PS. Case No.-28 Year-2016 Thana- MUFFASIL District- Aurangabad ====================================================== Surajdeo Singh @ Suryadayal Singh @ Suraj Deo Yadav @ Suryadeo Singh @ Suryadeo Yadav S/o Late Bhikhar Yadav, Resident of Village- Lapura, P.S.- Aurangabad (Muffasil), District- Aurangabad (Bihar). ... ... Petitioner

Versus

1. The State of Bihar.

2. Ratneshwar Prasad Singh S/o Late Mukhram Singh, Resident of MohallaKrishnapuri (Shahpur), Ward No. 27, P.S.- Aurangabad, District- Aurangabad. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 506, 504, 34 of the Indian Penal Code.

Earlier the petitioner was granted bail by this court vide order dated 08.09.2016 subject to condition that he shall pay Rs. 8,70,000/- to the informant in equal installments within one and half years from the date of his release. However, petitioner failed to comply with the aforesaid condition and subsequently, the informant filed Cr. Misc. No. 29156 of 2017 for cancellation of bail granted to the petitioner and this court disposed of the aforesaid Cr. Misc. No.

Patna High Court Cr.Misc. No.68203 of 2018(2) dt.12-12-2018 2/2 29156 of 2017 vide order dated 01.11.2017 directing the concerned court to pass proper order in this regard. In pursuant to the aforesaid order of this court, the trial court cancelled the bail bonds of the petitioner and took him in custody on 29.08.2018 and since then petitioner is in jail custody.

Learned counsel appearing for the petitioner submits that the petitioner has already paid Rs. 8,70,000/- which has been averred at para 11 of the petition.

Learned counsel appearing for the informant submits that though some amount has been credited in the account of wife of the informant but the aforesaid amount had been sent by two other persons and not by the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Aurangabad in connection with Aurangabad (Muffasil) P.S. Case No. 28 of 2016.

(Hemant Kumar Srivastava, J) shahzad/- U T