Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32395 of 2024 Arising Out of PS. Case No.-735 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Rakesh Kumar son of Late Upendra Singh Resident of Village- Karorichak, Police Station- Phulwarisharif in the district of Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned APP for the State . Nobody appears on behalf of Opposite party No. 2.

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 prosecution case, on the request of petitioner informant gave Rs. 17,50,000/- for a certain period of time . And when informant demanded his money back, petitioner refused to return the same and also threatened with dire

Patna High Court CR. MISC. No.32395 of 2024(7) dt.28-08-2024 2/3 consequences.

4. After some argument, it is submitted that petitioner without admitting his guilt, is ready to pay the alleged amount of Rs. 9,00,000/- ( nine lakhs ) in easy installments. 5 . Learned counsel for the State opposed the bail petition of the petitioner.

6. 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 I Danapur, Patna in connection with Rupashpur P. S. Case No. 735 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 deposit Rs.

1,00,000/- (one lakh) through Bank Draft/cash in the Nazarat of Civil Court, Danapur at the time of furnishing bailbond. (ii) The petitioner shall deposit the rest amount i.e., Rs. 8,00000/- (eight lacs) in equal installments through the Bank

Patna High Court CR. MISC. No.32395 of 2024(7) dt.28-08-2024 3/3 Draft/cash in the Nazarat of Civil Court, Danapur 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