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Patna High CourtCR. MISC./28922/2024bail granted

Nandlal Kumar @ Nandlal Gupta v. The State Of Bihar

2024-12-16Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28922 of 2024 Arising Out of PS. Case No.-71 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== 1.

Nandlal Kumar @ Nandlal Gupta Son of Late Madan Sao Resident of Village- Badem, P.S.- Badem O.P. (Navinagar), Dist.- Aurangabad (Bihar) 2.

Ramashish Gupta @ Ramashish Sao Son of Late Madan Sao Resident of Village- Badem, P.S.- Badem O.P. (Navinagar), Dist.- Aurangabad (Bihar) 3.

Deomati Devi Wife of Late Madan Sao Resident of Village- Badem, P.S.- Badem O.P. (Navinagar), Dist.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Brijnandan Mahto Son of Late Deonandan Mahto Resident of VillageKanker, P.S.- Navinagar, Dist.- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh, A.P.P.

Mr. Ujjwal Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioners, learned counsel for the complainant and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Complaint Case No.71 of 2018 registered for the alleged offences under Section 323, 504, 379, 420, 468 and 34 of the Indian Penal Code.

03. As per prosecution case, the allegation against the petitioners is of cheating the complainant for money which was due against sale of paddy by the complainant to the petitioners.

04. Learned counsel for the petitioners submits that the matter has been settled between the parties before mediation centre and the petitioners have agreed to make payment to the complainant of an amount of Rs. 4,90,000/- in installment.

Patna High Court CR. MISC. No.28922 of 2024(5) dt.16-12-2024 2/2

05. Learned counsel for the complainant/opposite party no. 2 admits the factum of compromise.

06. In the light of aforesaid facts and circumstances and submission made on behalf of the parties, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of Court of learned J.M.-1st Class, Aurangabad in connection with Complaint Case No.71 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) anuradha/- U T