Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40737 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Rahul Kumar Son Of Late Ashok Raut Proprietor Of Sri Laxmi Enterprises, Reisdent Of Pillar No.27, Raza Bazar, Akashwani Road, Near Sanjiwani Rai, Police Station - Shastri Nagar, District - Patna, Presently Residing At Village - Saidpur Kothiya, Kurji, Police Station - Digha, District - Patna ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Dilip Kumar Thakur Son Of Late Karandev Thakur Resident Of Village - Bishunpur Via B. Kothi, P.S. - Dhandaha, District - Purnia ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-01-2025 Heard learned counsel for the parties.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 420, 506 and 34 of the Indian Penal Code.

3. By filing supplementary affidavit, it is submitted on behalf of the petitioner that although the amount of Rs.15 lacs has been transferred in the account of the petitioner by one Shishir Kumar Thakur upon whom the said amount was dues, still for the purpose of bail and without prejudice to his case, the petitioner is ready to deposit half of Rs. 15 lacs in the Nazarat of the concerned Civil Court, within nine months in equal instalments.

4. Considering the facts of the case, let the petitioner, above named, in the event of his arrest/ surrender within a period of eight weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.40737 of 2024(9) dt.27-01-2025 2/2 sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Patna in Buddha Colony Police Station Case No. 404 of 2023, subject to conditions laid down u/s 438(2) of the Cr. P. C., in the light of following terms and conditions:- (i) Petitioner has to deposit Rs.7.5 lacs in the Nazarat of the Civil Court in 9 months in equal instalments. First instalment must be deposited in the Nazarat of Civil Court by the petitioner and its receipt shall be produced by him at the time of furnishing bail bonds. Rest of the amount must be deposited by the petitioner within the remaining period of eight months.

(ii) 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.

5. Deposit shall be subject to the outcome of the case pending in the Court below. 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.

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