Patna High CourtCR. MISC./43932/2016bail granted

Yogesh Kumar v. State Of Bihar And ANR

2016-11-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43932 of 2016 Arising Out of PS.Case No. -1004 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Yogesh Kumar S/o Late Baijnath Singh R/o Village- Main Road Marati Hajipur, P.S.- Hajipur Sadar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Suraj Samdarshi S/o Jogganath Jha R/o Budha Colony, Near Maa Bhagwati Travels, East Boring Canal Road, P.S.- Budha Colony, DistrictPatna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Kumar Panday For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 1004 of 2013 registered under Section-406 of the Indian Penal Code.

It appears that it is a case of dishonour of cheque for Rs. 12,000,00/- (twelve lacs) but learned counsel, appearing for the petitioner submits that petitioner is ready to make payment of the amount, in question, to the complainant without admitting his case.

Learned counsel further submits that the petitioner shall make payment of Rs. 3,00,000/- (three lacs) by 25-11-2016 and the rest amount shall be paid to the complainant in installments within a period of six months.

Patna High Court Cr.Misc. No.43932 of 2016 (3) dt.08-11-2016 2/2 Learned counsel, appearing for the complainant does not raise any objection, if, the petitioner is adhered to his above-said proposal.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 1004 of 2013 to the satisfaction of Sri Ravi Ranjan, learned Judicial Magistrate-Ist Class, Patna subject to condition that the petitioner shall make payment of Rs.

3,00,000/- (three lacs) to the complainant through demand draft by 25-11-2016 and the rest amount shall be paid by the petitioner to the complainant in equal installments within six months from the date of making of his first payment. It is made clear that if, the petitioner makes default in making payment of above-said amount, the learned court below shall cancel the bail bonds of the petitioner without any inquiry. (Hemant Kumar Srivastava, J) A.K.V.