Patna High CourtCR. MISC./33340/2023bail granted

Shankar Mistry @ Shankar Kumar v. The State Of Bihar

2023-09-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33340 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== SHANKAR MISTRY @ SHANKAR KUMAR S/O KRISHNA MISTRY R/O Village-Kochra, P.S.-Khudaganj, District-Nalanda ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar, Advocate For the State :

Mr.Jagdhar Prasad, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/387 of the Indian Penal Code.

3. As per the prosecution case, petitioner is alleged to have taken bribe of Rs.30,000/- from two beneficiaries of Indra Aasws Yojana.

4. By filing supplementary affidavit learned counsel appearing for the petitioner denies the allegation. However, he submits that the petitioner is ready to deposit Rs.30,000/- in the court below without prejudice to his right and contention and subject to final decision of the criminal case.

5. Considering the facts of the case, nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No.33340 of 2023(5) dt.25-09-2023 2/2 Hilsa in Khudaganj Police Station Case No. 56 of 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C., as well as on the following terms and conditions:- (i) At the time of furnishing bail bond Rs. 15,000/- shall be deposited in the Court below.

(ii) Rest amount of Rs. 15,000/- shall be deposited in two equal installments within two months.

(iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

6. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail and said deposit shall be subject to outcome of the criminal case.

(Prabhat Kumar Singh, J) Shashi U T