Satyadeo Thakur @ Satydev Narayan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34249 of 2019 Arising Out of PS. Case No.-726 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SATYADEO THAKUR @ SATYDEV NARAYAN THAKUR S/o Late Mod Narayan Thakur R/o village- Karuna, P.S.- Sursand, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anjani Kumar Jha For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-08-2019 This application, for grant of anticipatory bail, arises out of Muzaffarpur (Sadar) P.S. Case No. 726 of 2018, disclosing offences under Sections 420, 406 and 34 of the Indian Penal Code.
Prosecution case is that while the informant had gone to meet his fahter-in-law in jail and, there, he also meet the coaccused Vivek Kumar, who posed himself as Manager of City Finance and assured him the Haiwa vehicle on finance and given mobile number of one Dipak Kumar and on the direction of said Dipak Kumar, the petitioner deposited Rs. Six Lakhs in the account of this petitioner but neither the vehicle was provided nor money was returned.
Learned counsel for the petitioner has filed a
Patna High Court CR. MISC. No.34249 of 2019(3) dt.19-08-2019 2/3 supplementary affidavit stating therein that the petitioner is ready to return the amount, if some reasonable time is allowed to him.
Heard learned A.P.P. as well as learned counsel for the informant.
Having heard both sides, in view of the above facts, let petitioner surrender in the court below on 04.09.2019 along with a bank draft of Rs. One Lakh drawn in favour of the informant and the court below after verifying the same shall release the petitioner on provisional bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount, for a period of five months with condition that the petitioner will deposit the remaining amount of Rs. Five Lakh by way of equal monthly installment of Rs. One Lakh payable in the second week of each month in the name of informant through bank draft and once the entire amount is deposited, the court below shall confirm the provisional bail of the petitioner.
It is made clear that if the petitioner fails to deposit any of the installments, the provisional bail granted to the petitioner shall automatically cancelled.
If the informant files an application for withdrawal
Patna High Court CR. MISC. No.34249 of 2019(3) dt.19-08-2019 3/3 of the aforesaid amount, the court below shall release the same in favour of the informant with an undertaking that he will abide by final outcome of the case.
It is also made clear that the deposit of the aforesaid amount would not prejudice the case of the petitioner. (Vinod Kumar Sinha, J) sunilkumar/- U T