Jagdishwar Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8297 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -SANHOLA District- BHAGALPUR ======================================================
1. Jagdishwar Prasad Singh Son of Late Ram Ayodhya Singh, Resident of Village - Sarkanda, P.s. - Pirpainti, District - Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiwesh Chandra Mishra For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kahalgaon( Sanhaulla) P.S.Case No. 09 of 2014 registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code.
Petitioner along with two other were made accused in the present case and two co-accused persons namely, Md. Kurban Ansari @ Md. Qurban Ansari as well as Sri Uma Charan Choudhary were granted privilege of anticipatory bail by a coordinate Bench of this court, subject to condition of payment of Rs. 6,68,974.86/- each in two equal installments. The contention on behalf of the petitioner is that
Patna High Court Cr.Misc. No.8297 of 2015 (2) dt.02-03-2015 2/3 petitioner is also ready to deposit Rs. 6,68,974.86/- but petitioner only makes prayer to grant some more time to deposit the aforesaid amount.
Considering the submissions of the parties as well as taking note of this fact that having similar allegation two coaccused persons have already been admitted to anticipatory bail, subject to condition of deposit of the amount, I think it proper to give same treatment to the petitioner and accordingly, it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt/ production of copy of this order to the court concerned, shall be released on provisional bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kahalgaon( Sanhaulla) P.S.Case No. 09 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.
C and if the petitioner surrenders within a period of six weeks from today along with proof of deposit of Rs.3,34,487.43/- and if it is found that petitioner has already been deposited Rs. 3,34,487.
Patna High Court Cr.Misc. No.8297 of 2015 (2) dt.02-03-2015 3/3 within the above stated period of four months, his provisional bail shall be confirmed by the concerned court. It goes without saying that if petitioner fails to comply with the above stated order, the concerned court shall pass appropriate order without being prejudiced by this order.
Namita/- (Hemant Kumar Srivastava, J) U