Jyotish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28352 of 2024 Arising Out of PS. Case No.-498 Year-2023 Thana- SAUR BAZAR District- Saharsa ====================================================== Jyotish Kumar Jha S/o Dhirendra Jha @ Dharmendra Jha R/o vill - Hullash, ward no. 11, p.s. - Raghopur, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420 and 406 of the Indian Penal Code .

3. As per the prosecution case , allegation against the petitioner is that he has not deposited the collected money i. e,. Rs. 3,10,830/- in the Swantantra Private Limited.

4. After some argument, learned counsel for the petitioner submits that he is ready to pay the 50 per cent of the total alleged amount of Rs. 1,50,000 /- (One lac 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

Patna High Court CR. MISC. No.28352 of 2024(3) dt.26-06-2024 2/2 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 Chief Judicial Magistrate , Saharsa in connection with Sour bazar P. S. Case No. 498 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, Saharsa at the time of furnishing bail-bond.

(ii) The petitioner shall refund the rest amount i.e., Rs. 1,00,000 /- ( one lakh ) in four equal installments through bank draft/cash in the nazarat of civil court, Saharsa within a period of one year from the date of furnishing bail-bond.

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

(iv) 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