Vinay Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30223 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== VINAY KUMAR PANDEY SON OF LATE RAVI NANDAN PANDEY RESIDENT OF VILLAGE- GOPALPUR, P.S.- SHAHPUR, DIST.- BHOJPUR ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 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 and Section 138 of the Negotiable Instruments Act.

3. As per the prosecution case , cheque of Rs. 15,55,000 /-issued by the petitioner got bounced due to insufficiency of amount.

4. After some argument, learned counsel for the petitioner submits that he is ready to pay the amount of Rs.

Patna High Court CR. MISC. No.30223 of 2024(3) dt.25-06-2024 2/3 7,50,000/- ( seven lacs 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 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 Additional Chief Judicial Magistrate , Ara in connection with Shahpur P. S. Case No. 405 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.

2,50,000 /- ( two lakh fifty thousand) through Bank Draft/cash in the Nazarat of Civil Court, Ara at the time of furnishing bail-bond.

(ii) The petitioner shall refund the rest amount i.e., Rs. 5/- ( five lacs) in four equal installments through Bank Draft/cash in the Nazarat of Civil Court, Ara 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

Patna High Court CR. MISC. No.30223 of 2024(3) dt.25-06-2024 3/3 the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T