Patna High CourtCR. MISC./32002/2023bail granted

Vikash Kumar v. The State Of Bihar

2023-09-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32002 of 2023 Arising Out of PS. Case No.-981 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Vikash Kumar Son Of Shambhu Sharan Singh Resident of Village/Moh.- New Area, Nawada, Post office- Nawada, P.S.- Nawada, District-Nawada ... ... Petitioner/s

Versus

The State Of Bihar 2.

Sudhakar Tiwari Son Of Ashok Tiwari Resident of village- Bhabua Ward No. 19 (Tiwari Tola) P.S.-Bhabua, District-Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 409, 34 and 120(B) of the Indian Penal Code and section 138 of the Negotiable Instruments Act.

3. Petitioner denies the prosecution case. However, it is submitted that petitioner is ready to refund Rs. 3,82,500/- (75% of the alleged amount of Rs. 5,10,000/-), out of which Rs. 2,00,000/- (Rs. Two lakhs), will be deposited in the court below at the time of furnishing bail bond through demand draft. Rest amount of Rs. 1,82,500/- will be deposited in three installments within a period of six months from the date of order.

Patna High Court CR. MISC. No.32002 of 2023(5) dt.21-09-2023 2/2

5. In view of the undertaking given by the petitioner, the petitioner above-named, 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 Additional Chief Judicial Magistrate, Bhabua, Kaimur in connection with Complaint Case No. 981 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(i) out of the total alleged amount of Rs. 5,10,000/-, Rs. 2,00,000/- (two lakhs) will be deposited at the time of furnishing bail bond in the court below through demand draft.

(ii) Rest amount of Rs. 1,82,500/- (One lakh eighty two thousand five hundred) will be paid in three installments within a period of six months from the date of order.

6. It is made clear that this order is being passed without going into merit of the case, only for the purpose of bail and aforesaid payment shall be subject to outcome of the case.

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