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Patna High CourtCR. MISC./41817/2021bail granted

Sunil Kumar v. The State Of Bihar

2022-04-12Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41817 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- DUMRA District- Sitamarhi ====================================================== SUNIL KUMAR S/o Budhan Mahto wrongly mentioned in F.I.R. as Budhan Rai), Resident of Village- Parsauni, P.S.- Dumra, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of anticipatory bail in Dumra P.S. Case No. 337/2020 registered for the offence punishable under Sections 406/420 of the Indian Penal Code. Learned counsel for the petitioner submits that the alleged agreement does not exist and the petitioner will not act upon the agreement in a future proceeding also. He submits that consideration amount of Rs. 39,00,000/- (Thirity-nine Lakhs) which is being alleged to have been taken by the petitioner is false and the informant has never given the amount to the petitioner of the case.

Considering the facts and circumstances of the case, the

Patna High Court CR. MISC. No.41817 of 2021(3) dt.12-04-2022 2/2 present anticipatory bail application is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Duma P.S. Case No. 337/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

At the time of furnishing bail bond by the petitioner, the petitioner will submit an affidavit and make specific statement in the affidavit as has been made by his learned Advocate in this Court. Only after such an affidavit is filed, the bail bond of the petitioner shall be accepted. If in near future, the petitioner violates his undertaking, the bail bond of the petitioner shall be cancelled and he shall be proceeded for given false undertaking before this Court.

(Sandeep Kumar, J) Saif/- U T