Kumar Prabhakar @ Prabhakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49333 of 2018 Arising Out of PS.Case No. -284 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Kumar Prabhakar @ Prabhakar Singh Son of Ashok Kumar Singh Resident of Mohalla- G.C. Banerjee Lane, Mundichak, P.S. Tilkamanjhi, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kotwali (Adampur) P.S.Case No.284 of 2017 dated 1.6.2017 registered for offences punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code.

Allegation against the petitioner is that he entered into agreement for sale of a piece of land to the complainant on consideration money of Rs.7,40,000/-, out of which he had given Rs.4,51,000/- and thereafter he sold the land to some other persons at the cost of R.4,70,000/-.

Submission of the learned counsel for the petitioner is that the FIR itself shows that out of the aforesaid amount, he has already paid Rs.2,15,000/- and only Rs.2,36,000/- has remained due with him and he is ready to deposit the same in three

Patna High Court Cr.Misc. No.49333 of 2018 (2) dt.28-08-2018 2/2 installments.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with of with direction to the petitioner to surrender within a period of six weeks along with a bank draft of Rs.1,12,000/- in favour of the informant and on deposit of the same, he will be released on provisional bail in connection with Kotwali (Adampur) P.S.Case no.284 of 2017 to the satisfaction of CJM, Bhagalpur for further three months and rest of the amount he will pay in two equal installments of Rs.62,000/- in the first week of every month and once the whole amount of Rs.2,36,000/- is paid, the bail bond of the petitioner shall be confirmed.

It is made clear that the aforesaid amount shall be released in favour of the informant and they will be subject to result of the case.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T