Nagmani Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32156 of 2023 Arising Out of PS. Case No.-6788 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Nagmani Singh son of Raj Kishore Prasad @ Raj Kishor Prasad Village- Patel Seva Nagar, Road no-8, Bhagwat Nagar, Kumhrar, Ps- Agamkuan, DistPatna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pramod Prasad son of Late Prayag Mahto Village- Afni, Ps- Kasar, Sheikhpura, Dist- Sheikhpura At present- Gandhi Nagar, Kanti Factory Road, Kankarbagh, Patna Ps- Kankarbagh, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arbind Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 120(B) of the Indian Penal Code and section 138 of the Negotiable Instruments Act.

3. Learned counsel for petitioner denies the prosecution case, however, by filing supplementary affidavit he submits that he is ready to deposit the alleged amount of Rs. 8,00,000/- in installments in favour of Opposite Party No. 2. The first installment of 20% of the alleged amount ie., Rs. 1,60,000/- (One lakh sixty thousand) at the time of furnishing bail bond in the court below through demand draft. Rest amount

Patna High Court CR. MISC. No.32156 of 2023(4) dt.17-08-2023 2/2 of Rs. 6,40,000/- in four installments within a period of two years, subject to the result of the case.

4. In view of undertaking given by the petitioner and without going into the merit of case, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Judicial Magistrate Ist Class, Patna in connection with Complaint Case No. 6788(C) of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that:- (i) The first installment of 20% of the alleged amount ie., Rs. 1,60,000/- (One lakh sixty thousand) will be deposited at the time of furnishing bail bond in the court below through demand draft in favour of OP No. 2.

(ii) Rest amount of Rs. 6,40,000/- (Six lakhs forty thousand) will be paid in four installments within a period of two years.

(iii) The aforesaid payment shall be subject to the final outcome of the case.

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